June 5, 1996

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



                                 ____________________





        No. 95-2196





                                ROLAND E. HUSTON, JR.,



                                Plaintiff, Appellant,



                                          v.



                             GERMANO M. MARTINS, ET AL.,



                                Defendants, Appellees.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF NEW HAMPSHIRE



                   [Hon. Shane Devine, Senior U.S. District Judge]
                                       __________________________



                                 ____________________



                                        Before



                                Torruella, Chief Judge,
                                           ___________

                           Stahl and Lynch, Circuit Judges.
                                            ______________



                                 ____________________



            Roland E. Huston, Jr., on brief pro se.
            _____________________

            Jeffrey  R. Howard,  Attorney General,  and William  C.  McCallum,
            __________________                          _____________________

        Assistant Attorney General, on brief for appellees.





                                 ____________________





                                 ____________________







































                      Per Curiam.   Roland  E. Huston, Jr.,  appeals from
                      __________



            the  district court's  dismissal of  his  suit against  a New



            Hampshire  child support  enforcement  official and  his  ex-



            wife's  private attorney under 42  U.S.C.   1983.   We affirm



            substantially for the reasons given in the magistrate judge's



            report  dated May  26, 1992,  and order  dated July  6, 1992,



            which  the  district  court   approved  in  its  order  dated



            September 27, 1995.  We add only the following comments.



                      1.  From the  facts as alleged by appellant,  which



            we  take as true, see  Coyne v. City  of Somerville, 972 F.2d
                              ___  _____    ___________________



            440,  443 (1st Cir. 1992), no action adverse to his interests



            was taken  as a result  of the letters haling  him into state



            court.  Nor was  the conduct of the state  agent "conscience-



            shocking" to the degree necessary to constitute a substantive



            due process violation.  See Amsden v. Moran, 904 F.2d 748,754
                                    ___ ______    _____



            (1st  Cir. 1990).   The  district court's  determination that



            appellant's  allegations  do  not  make  out  a  due  process



            violation was correct.  



                      2.   Because  a    1983  conspiracy claim  requires



            proof of a constitutional  deprivation, Brennan v. Hendrigan,
                                                    _______    _________



            888  F.2d 189,  195 (1st  Cir. 1989),  appellant's conspiracy



            claim,  premised on  the alleged  due process  violation, was



            also properly dismissed.



                      3.   Appellant's  abstention  argument is  rendered



            moot by the magistrate's July 6, 1992, order and the district



            court's decision on the merits of the complaint.





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                      Affirmed.
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