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Millette v. Wright, 93-1987 (1993)

Court: Court of Appeals for the First Circuit Number: 93-1987 Visitors: 12
Filed: Nov. 17, 1993
Latest Update: Mar. 02, 2020
Summary: November 17, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________ No. 93-1987 HERBERT F. MILLETTE, Plaintiff, Appellant, v. BRUCE WRIGHT, SUPERVISOR AT THE N.H. ___________________ __________________ __________________ Per Curiam.
USCA1 Opinion









November 17, 1993 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
___________________


No. 93-1987




HERBERT F. MILLETTE,
Plaintiff, Appellant,

v.

BRUCE WRIGHT, SUPERVISOR AT THE N.H. STATE PRISON RECREATION
DEPARTMENT,
Defendant, Appellee.


__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE


[Hon. Joseph A. DiClerio, U.S. District Judge]
___________________

___________________

Before

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

___________________

Herbert F. Millette on brief pro se.
___________________



__________________

__________________






















Per Curiam. We agree with the magistrate's
__________

report that the "Weight Club Contract" does not create a

liberty interest, that plaintiff has no liberty interest in

using the weight room, and that consequently the state was

not required to accord plaintiff procedural protection before

barring him from the weight room. Plaintiff failed to state

a federal claim. The action was properly dismissed.

Affirmed.
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Source:  CourtListener

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