April 23, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-1176
MAXIMILIANO AMPARO CONCEPCION,
Plaintiff, Appellant,
v.
ADMINISTRACION DE CORRECCION,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge] ___________________
____________________
Before
Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________
____________________
Maximiliano Amparo Concepcion on brief pro se. _____________________________
____________________
____________________
Per Curiam. We agree with the district court that __________
plaintiff's allegations with respect to his dental treatment
were insufficient to state a constitutional claim, and we
affirm the dismissal of that claim. Plaintiff also
contended, however, that the correctional facility has no law
library and outlined a denial of access to courts claim. The
district court did not address this claim when it dismissed
plaintiff's action. We conclude that plaintiff stated enough
to survive a sua sponte dismissal of the access to courts
claim and therefore vacate the judgment of dismissal and
remand for further consideration of the access to courts
claim.
Vacated and remanded. ____________________
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