October 22, 1993 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1455
HENRY MARTINEAU,
Plaintiff, Appellant,
v.
LARRY DUBOIS AND JUDITH W.F. CYR,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Robert E. Keeton, U.S. District Judge]
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Before
Cyr, Boudin and Stahl,
Circuit Judges.
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Henry Martineau on brief pro se.
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Nancy Ankers White, Special Assistant Attorney General, and
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Stephen G. Dietrick, Deputy General Counsel, Department of
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Correction, on brief for appellees.
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Per Curiam. Plaintiff brought a pro se civil
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action under 42 U.S.C. 1983, alleging that during a three
week period of incarceration at Pondville Correction Center
he was denied access to an adequate law library. The
district court dismissed the complaint under Fed. R. Civ. P.
12(b)(6) on the ground that plaintiff's relocation to another
site mooted the request for equitable relief; and as for
damages, the complaint did not claim a total deprivation of
access to legal research materials nor allege facts to show
any actual harm or loss, as required by Sowell v. Vose, 941
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F.2d 32 (1st Cir. 1991). Reviewing the dismissal de novo, we
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agree with the district court's analysis and affirm
substantially for the reasons set forth in Judge Keeton's
thorough memorandum and order of April 7, 1993.
Affirmed.
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