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Craveiro v. Lamoureux, 94-1196 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1196 Visitors: 24
Filed: Oct. 24, 1994
Latest Update: Mar. 02, 2020
Summary: October 24, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1196 JOSEPH M. CRAVEIRO, II, Plaintiff, Appellant, v. LORING P. LAMOUREUX, ET AL. _____ Pennhurst State School Hosp. The judgment of the district court is affirmed.
USCA1 Opinion




October 24, 1994 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 94-1196

JOSEPH M. CRAVEIRO, II,

Plaintiff, Appellant,

v.

LORING P. LAMOUREUX, ET AL.,

Defendants, Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nathaniel M. Gorton, U.S. District Judge]
___________________

____________________

Before

Cyr, Boudin and Stahl,
Circuit Judges.
______________

____________________

Joseph M. Craveiro, Jr. on brief pro se.
_______________________
Scott Harshbarger, Attorney General, and Eleanor Coe Sinnott,
__________________ ____________________
Assistant Attorney General, on brief for appellees.


____________________


____________________


























Per Curiam. Appellant Joseph Craveiro appeals from
__________

the district court's order dismissing his 42 U.S.C. 1983

complaint as frivolous under 28 U.S.C. 1915(d). Upon a

careful review of the record and the parties' briefs, we

agree with the judgment of the district court for essentially

the reasons stated in its Memorandum and Order dated August

3, 1993. We add the following comments.

First, appellant's request for an order directing

defendants to correct the state judgment is barred by Rooker
______

v. Fidelity Trust Co., 263 U.S. 413, 416 (1923) (lower
____________________

federal court has no jurisdiction to sit in review of state

court judgment). Second, a federal court cannot instruct

state officials how to behave based upon state law.
_____

Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 106
______________________________ _________

(1984). These cases dispose of appellant's claims for

declaratory and injunctive relief. Finally, a judgment in

favor of appellant in this case plainly would imply that his

conviction for armed robbery is invalid. Thus, his claim for

damages is not cognizable under 1983. See Heck v.
___ ____

Humphrey, 114 S. Ct. 2364, 2372 (1994).
________

Appellant's complaint, being premised on

"indisputably meritless legal theor[ies]," is therefore

frivolous within the meaning of Neitzke v. Williams, 490 U.S.
_______ ________

319, 327 (1989). The judgment of the district court is

affirmed.
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Source:  CourtListener

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