[NOT FOR PUBLICATION]


                           UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

                                ____________________



       No. 97-1541

        


                                  WILLIAM H. MOORE,


                                Plaintiff, Appellant,


                                         v.


                            COUNTY OF WORCESTER, ET AL.,


                               Defendants, Appellees.


                                ____________________



                    APPEAL FROM THE UNITED STATES DISTRICT COURT


                          FOR THE DISTRICT OF MASSACHUSETTS


                  [Hon. Edward F. Harrington, U.S. District Judge]


                                ____________________


                                       Before


                               Torruella, Chief Judge,

                          Boudin and Stahl, Circuit Judges.


                                ____________________


            William H. Moore on brief pro se.

            Edward P. Ryan, Jr.
                               and 
                                   O'Connor & Ryan, P.C.
                                                         on brief for appellee

       Worcester County.

            Scott Harshbarger
                            , Attorney General, and 
                                                    Ellyn H. Lazar
                                                                  , Assistant

       Attorney General, on brief for appellees District Attorney John Conte

       and Assistant District Attorney Joseph Lostracco.



                                ____________________


                                 September 29, 1997

                                ____________________







                      Per Curiam. The filled-in form plaintiff contends


            he returned to the court does not appear in the district court


            record. Consequently, the district court did not err or abuse


            its discretion in assessing a filing fee or denying plaintiff's


            motion to vacate. 


                      The case was properly dismissed under 28 U.S.C. S


            1915(e)(2)(B). 


                      Affirmed.






































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