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Cassell v. State of NH, 95-2158 (1996)

Court: Court of Appeals for the First Circuit Number: 95-2158 Visitors: 21
Filed: May 15, 1996
Latest Update: Mar. 02, 2020
Summary: STATE OF NEW HAMPSHIRE, ET AL.Defendants, Appellees.Circuit Judges.Jerome E. Cassell on brief pro se.Per Curiam.retaliatory transfer claims because they were frivolous.F.2d 1 (1st Cir.
USCA1 Opinion









May 15, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________



No. 95-2158


JEROME E. CASSELL,

Plaintiff, Appellant,

v.

STATE OF NEW HAMPSHIRE, 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

Selya, Cyr and Lynch,
Circuit Judges. ______________

____________________

Jerome E. Cassell on brief pro se. _________________


____________________


____________________




















Per Curiam. On a review of the complaint under 28 ___________

U.S.C. 1915(d), the district court dismissed the

"retaliatory transfer" claims because they were frivolous.

We are satisfied that there was no abuse of discretion since

the complaint's allegations cannot support an inference of

unlawful retaliation or conspiracy. Reviewing the dismissal

of appellant's other claims de novo, we find no error in the __ ____

jurisdictional dismissal of the claims challenging the

conditions of appellant's Virginia confinement and, following

an opportunity to amend, the dismissal with prejudice of the

claims alleging a deprivation of, or denial of access to,

personal property and legal materials. See Denton v. ___ ______

Hernandez, 504 U.S. 25, 34 (1992); Forte v. Sullivan, 935 _________ _____ ________

F.2d 1 (1st Cir. 1991).

Affirmed. ________























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Source:  CourtListener

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