April 11, 1995          [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT


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        No. 94-1480 

                                    DENNIS SIROIS,

                                Plaintiff, Appellant,

                                          v.

                             MAINE STATE PRISON, ET AL.,

                                Defendants, Appellees.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                              FOR THE DISTRICT OF MAINE

                     [Hon. Morton A. Brody, U.S. District Judge]
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                                        Before

                                Cyr, Boudin and Stahl,
                                   Circuit Judges.
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            Dennis Sirois on brief pro se.
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                      Per Curiam.   Dennis  Sirois appeals the  dismissal
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            pursuant  to  28 U.S.C.    1915(d)  of  his pro  se complaint
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            alleging  constitutionally deficient medical  treatment.  His

            suit under 42 U.S.C.   1983 -- against the prison entity, its

            warden and deputy warden, a medical administrator, a John Doe

            nurse,  and the entire medical staff at the prison -- alleged

            various instances  of failure  to provide  medical treatment.

            Specifically, Sirois  claimed that the defendants  refused to

            treat  an   abscess  that  resulted  from   an  injection  of

            medication  administered on  March  2, 1994.   The  complaint

            sought declaratory and injunctive relief, as well as monetary

            damages.  The magistrate-judge recommended that the complaint

            be dismissed as frivolous.  Sirois objected, but the district

            court  adopted the  recommended  decision  and dismissed  the

            complaint.

                      Although  the  district  court  may have  erred  in

            dismissing the  complaint as frivolous under    1915(d) since

            Sirois'  claims  are  at   least  arguable,  see  Neitzke  v.
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            Williams, 490 U.S. 319,  327-28 (1989), we nonetheless affirm
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            on the basis  that the  error was harmless.   See J.E.  Riley
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            Inv.  Co. v.  Commissioner, 311  U.S. 55,  59 (1940);  Doe v.
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            Anrig, 728 F.2d 30, 32 (1st Cir. 1984).
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                      To state a cognizable Eighth  Amendment claim based

            on  medical mistreatment,  "a  prisoner must  allege acts  or

            omissions   sufficiently   harmful  to   evidence  deliberate

            indifference to  serious medical needs."   Estelle v. Gamble,
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            429 U.S. 97, 106 (1976).  Our review of  the record satisfies

            us  that Sirois has  not alleged medical  needs of sufficient

            seriousness to warrant Eighth  Amendment scrutiny.  Hudson v.
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            McMillian,  112 S.  Ct.  995,  1000  (1992).   The  condition
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            suffered  as a result of  the injection appears  to have been

            relatively minor.   There are  no allegations  of fever,  and

            Sirois  was vague about the severity and duration of pain, as

            well  as  the  number of  treatment  requests  made.   It  is

            acknowledged that the condition  was treated after the filing

            of this  complaint, seemingly to Sirois'  satisfaction.  Even

            treating  his  objections  to  the  magistrate's  recommended

            decision as  amendments, we are persuaded  that the complaint

            failed to state a cognizable Eighth Amendment claim.

                      Affirmed.
                      Affirmed.
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