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Giambattista v. Doherty, 95-2030 (1996)

Court: Court of Appeals for the First Circuit Number: 95-2030 Visitors: 19
Filed: Mar. 27, 1996
Latest Update: Mar. 02, 2020
Summary: MICHAEL J. DOHERTY, ET AL.___________, Stahl and Lynch, Circuit Judges.C. D. Di Giambattista on brief pro se.reasons) constituted an abuse of discretion.summary judgment in favor of defendants Henry and Doherty;plaintiff was arrested as a result of his abusive behavior.
USCA1 Opinion









March 27, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 95-2030



C. D. DI GIAMBATTISTA,

Plaintiff, Appellant,

v.

MICHAEL J. DOHERTY, ET AL.,

Defendants, Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. A. David Mazzone, U.S. District Judge] ___________________
[Hon. Reginald C. Lindsay, U.S. District Judge] ___________________

____________________

Before

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

____________________

C. D. Di Giambattista on brief pro se. _____________________


____________________


____________________


















Per Curiam. The judgment is affirmed substantially for __________

the reasons enumerated by the district court in its pair of

decisions dated November 2, 1993 and September 1, 1995,

respectively. We add that plaintiff has proffered no grounds

for concluding that Judge Mazzone's refusal to recuse himself

from the case (prior to its reassignment for unrelated

reasons) constituted an abuse of discretion. See, e.g., Town ___ ____ ____

of Norfolk v. United States Army Corps of Engineers, 968 F.2d __________ _____________________________________

1438, 1460 (1st Cir. 1992). Nor has he pointed to a genuine

issue of material fact that would preclude the award of

summary judgment in favor of defendants Henry and Doherty; as

Judge Lindsay explained, the evidence was undisputed that

plaintiff was arrested as a result of his abusive behavior.

Plaintiff's remaining contentions, to the extent they have

been advanced in something more than a "perfunctory manner,"

McIntosh v. Antonio, 71 F.3d 29, 38 (1st Cir. 1995) (quoting ________ _______

Ryan v. Royal Ins. Co. of America, 916 F.2d 731, 734 (1st ____ ___________________________

Cir. 1990)), prove equally unavailing.

Affirmed. See Loc. R. 27.1. ____________________________















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Source:  CourtListener

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