October 24, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 94-1196
JOSEPH M. CRAVEIRO, II,
Plaintiff, Appellant,
v.
LORING P. LAMOUREUX, ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nathaniel M. Gorton, U.S. District Judge]
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Before
Cyr, Boudin and Stahl,
Circuit Judges.
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Joseph M. Craveiro, Jr. on brief pro se.
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Scott Harshbarger, Attorney General, and Eleanor Coe Sinnott,
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Assistant Attorney General, on brief for appellees.
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Per Curiam. Appellant Joseph Craveiro appeals from
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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
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v. Fidelity Trust Co., 263 U.S. 413, 416 (1923) (lower
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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.
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Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 106
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(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.
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Humphrey, 114 S. Ct. 2364, 2372 (1994).
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Appellant's complaint, being premised on
"indisputably meritless legal theor[ies]," is therefore
frivolous within the meaning of Neitzke v. Williams, 490 U.S.
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319, 327 (1989). The judgment of the district court is
affirmed.
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