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Amparo Concepcion v. De Correccion, 96-1176 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1176 Visitors: 5
Filed: Apr. 23, 1996
Latest Update: Mar. 02, 2020
Summary: Defendants, Appellees.___________, Stahl and Lynch, Circuit Judges.Maximiliano Amparo Concepcion on brief pro se.Per Curiam.affirm the dismissal of that claim.library and outlined a denial of access to courts claim.plaintiff's action.
USCA1 Opinion









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[NOT FOR PUBLICATION]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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Source:  CourtListener

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