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Feeley v. United States, 93-1827 (1993)

Court: Court of Appeals for the First Circuit Number: 93-1827 Visitors: 18
Filed: Dec. 23, 1993
Latest Update: Mar. 02, 2020
Summary: December 22, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________ No. 93-1827 KEVIN P. FEELEY, Plaintiff, Appellant, v. UNITED STATES OF AMERICA, ET AL. We affirm for the reasons stated in the district court's order. ________ -3-
USCA1 Opinion









December 22, 1993 [NOT FOR PUBLICATION]


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

___________________


No. 93-1827




KEVIN P. FEELEY,

Plaintiff, Appellant,

v.

UNITED STATES OF AMERICA, ET AL.,

Defendants, Appellees.


__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE


[Hon. Paul J. Barbadoro, U.S. District Judge]
___________________

___________________

Before

Breyer, Chief Judge,
___________
Torruella and Selya, Circuit Judges.
______________

___________________

Kevin P. Feeley on brief pro se.
_______________




__________________

__________________


















Per Curiam. Appellant brought an in forma pauperis
___________ __ _____ ________

action under 42 U.S.C. 1983 against the United States, the

state of New Hampshire and several state agencies, the

Commonwealth of Pennsylvania and an agency, the New Hampshire

Bar Association, and various corporate defendants. The

district court ordered appellant to submit an amended

complaint describing more specifically the nature of his

claims against the various defendants. After appellant

submitted his amended complaint, the district court dismissed

the complaint under 28 U.S.C. 1915(d) on statute of

limitations grounds. We affirm for the reasons stated in the

district court's order. See Street v. Vose, 936 F.2d 38, 39
___ ______ ____

(1st Cir. 1991) (dismissal of in forma pauperis complaint
__ _____ ________

under 28 U.S.C. 1915(d) is proper where the claim is barred

by the applicable statute of limitations), cert. denied, 112
____________

S. Ct. 948 (1992).

We also note, with respect to appellant's

allegations that certain state and federal authorities failed

to investigate and prosecute various individuals for alleged

criminal wrongdoing brought to their attention by appellant,

that appellant has no constitutional right to have certain

prosecutions undertaken at his behest, see Sattler v.
___ _______

Johnson, 857 F.2d 224, 227 (4th Cir. 1988), and government
_______

attorneys have an absolute immunity from suit under section

1983 for their decision not to prosecute specific claims of



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criminal wrongdoing. See Harrington v. Almy, 977 F.2d 37,
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40-43 (1st Cir. 1992). Accordingly, dismissal under 28

U.S.C. 1915(d) was proper. See Neitzke v. Williams, 490
___ _______ ________

U.S. 319, 327 (1989) (section 1915(d) permits dismissal of

suits based on an "indisputably meritless legal theory").

Affirmed.
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Source:  CourtListener

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