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Hualde Redin v. First Federal Saving, 94-1586 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1586 Visitors: 1
Filed: Mar. 17, 1994
Latest Update: Mar. 02, 2020
Summary: March 17, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1586 ALFREDO HUALDE REDIN, ET AL. Plaintiffs are not entitled to the materials sought under the FOIA because the FOIA does not apply to states or Puerto Rico.
USCA1 Opinion









March 17, 1995 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 94-1586

ALFREDO HUALDE REDIN, ET AL.,

Plaintiffs, Appellants,

v.

FIRST FEDERAL SAVINGS BANK,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO


[Hon. Raymond L. Acosta, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Boudin, Circuit Judges. ______________

____________________

Paul Martin Hualde, Maria Susana Costa De Hualde and Alfredo ___________________ ______________________________ _______
Hualde-Redin on brief pro se. ____________
Juan Rafael Gonzalez Munoz on brief for appellee. __________________________


____________________


____________________


















Per Curiam. We have reviewed the record and ___________

conclude that plaintiffs' action was properly dismissed for

the reasons stated in the magistrate's report. We briefly

add a few comments.

Plaintiffs are not entitled to the materials sought

under the FOIA because the FOIA does not apply to states or

Puerto Rico. 5 U.S.C. 551(1). The district court did not

have jurisdiction over plaintiffs' action under 12 U.S.C.

632. Diaz v. Pan American Fed. Sav. & Loan Ass'n, 635 F.2d ____ ____________________________________

30 (1st Cir. 1980). Nor did plaintiffs adequately plead any

cause of action under 42 U.S.C. 1985 or Puerto Rico tort

law. We have considered all of plaintiffs' arguments,

including their contentions that they were improperly denied

discovery materials, that the district court abused its

discretion in denying plaintiffs' motion to amend their

complaint, that Judge Pieras' recusal should be effective as

of an earlier date, and that plaintiffs were prejudiced when

the district court adopted the magistrate's report prior to

the date plaintiffs' objections were due, and have found no

merit to the arguments.

Affirmed. ________


















Source:  CourtListener

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