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Simon v. US DOJ, 95-2012 (1996)

Court: Court of Appeals for the First Circuit Number: 95-2012 Visitors: 13
Filed: Jun. 25, 1996
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Charles Simon on brief pro se.________________ ________________, Assistant United States Attorney, on brief for appellee United States, Department of Justice, Bureau of Prisons.these rulings before this court for review.of Prisons to summary judgment on that issue.
USCA1 Opinion









June 25, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 95-2012

CHARLES SIMON,

Plaintiff, Appellant,

v.

UNITED STATES DEPARTMENT OF JUSTICE,
FEDERAL BUREAU OF PRISONS, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Mark L. Wolf, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Lynch,
Circuit Judges. ______________

____________________

Charles Simon on brief pro se. _____________
Donald K. Stern, United States Attorney, and Thomas E. Kanwit, ________________ ________________
Assistant United States Attorney, on brief for appellee United States
Department of Justice, Bureau of Prisons.
Robert D. Keefe, James J. Nacklaus and Hale and Dorr on brief for _______________ _________________ _____________
appellees Wendy Issokson and Erik Lifton.


____________________


____________________


Per Curiam. The judgment is affirmed substantially for __________













the reasons recited by the district court in its orders dated

August 30, 1995 and May 5, 1995. Contrary to plaintiff's

suggestion, his appeal from the final judgment brings both of

these rulings before this court for review. Having

considered the matters de novo, rather than under the abuse- _______

of-discretion standard proposed by plaintiff, we agree that

his Eighth and Fourteenth Amendment claims lack even the

minimal factual specificity required to scale the Rule

12(b)(6) hurdle. See, e.g., Aulson v. Blanchard, 83 F.3d 1, ___ ____ ______ _________

3 (1st Cir. 1996) ("bald assertions, unsupportable

conclusions, periphrastic circumlocutions, and the like need

not be credited"). We likewise agree, for the reasons

enumerated by the district court, that plaintiff's execution

of the "award acknowledgement and acceptance" form

extinguished any further claim for inmate accident

compensation under 18 U.S.C. 4126(c), entitling the Bureau

of Prisons to summary judgment on that issue.

Affirmed. See Loc. R. 27.1. The petition for a ________________________________________________________

"Peremptory Writ of Mandamus" is denied. ________________________________________















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Source:  CourtListener

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