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Dill v. University of Maine, 95-1839 (1996)

Court: Court of Appeals for the First Circuit Number: 95-1839 Visitors: 3
Filed: Feb. 07, 1996
Latest Update: Mar. 02, 2020
Summary: Torruella, Chief Judge, ___________, Boudin and Stahl, Circuit Judges.Emil Prescott Dill on brief pro se.1983 claim in this court.in an appellant's brief are deemed abandoned.States v. La Guardia, 902 F.2d 1010, 1013 (1st Cir.because the action was filed by, rather than against, the, debtor.
USCA1 Opinion









February 7, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT







____________________

No. 95-1839

EMIL PRESCOTT DILL,

Plaintiff, Appellant,

v.

UNIVERSITY OF MAINE AT FARMINGTON,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

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

____________________

Before

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

____________________

Emil Prescott Dill on brief pro se. __________________
Vendean V. Vafiades and Nina R. Lavoie on brief for appellee. ___________________ ______________


____________________


____________________
















Per Curiam. The district court dismissed ___________

plaintiff-appellant's complaint for declaratory relief under

42 U.S.C. 1983, because plaintiff failed to allege a civil

rights violation in the defendant's refusal to certify a

transcript of his college course work after he defaulted on a

student loan. Plaintiff offers no reasoned support for his

1983 claim in this court. Issues raised, but not supported

in an appellant's brief are deemed abandoned. Brown v. _____

Trustees of Boston Univ., 891 F.2d 337, 352 (1st Cir. 1989). ________________________

Plaintiff now theorizes that he is entitled to a

certified transcript by virtue of Chapter 13 of the

Bankruptcy Code. He states that he has filed for bankruptcy

protection in a district court in Pennsylvania.1 This 1

claim, and a vague statutory debt collection claim which he

also raises for the first time on appeal, are not properly

before us because they were not presented below. See United ___ ______

States v. La Guardia, 902 F.2d 1010, 1013 (1st Cir. 1990). ______ __________

The proper forum for a debtor seeking relief in bankruptcy

generally is in the district court where his petition has

been filed. See 28 U.S.C. 1334(a)(e). ___

The judgment below is affirmed. ________



____________________

1 Appellant does not seek a stay of this appeal and it is 1
not subject to an automatic stay under 11 U.S.C. 362,
because the action was filed by, rather than against, the
debtor. See Alpern v. Lieb, 11 F.3d 689, 690 (7th Cir. ___ ______ ____
1993).

2






Source:  CourtListener

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