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Davias v. Garrigan, 96-2048 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2048 Visitors: 12
Filed: Jun. 04, 1997
Latest Update: Mar. 02, 2020
Summary: CLYDE GARRIGAN, ET AL.____________________, and Boudin, Circuit Judge.Erico Davias on brief pro se._______________ _________________, Assistant United States Attorney, on brief for federal appellees.Per Curiam.claims are dismissed with prejudice.The judgment, as modified, is affirmed.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-2048


ERICO DAVIAS,

Plaintiff, Appellant,

v.

CLYDE GARRIGAN, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Joseph A. DiClerico, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Campbell, Senior Circuit Judge, ____________________
and Boudin, Circuit Judge. _____________

____________________

Erico Davias on brief pro se. ____________
Paul M. Gagnon, United States Attorney, and T. David Plourde, _______________ _________________
Assistant United States Attorney, on brief for federal appellees.


____________________

June 3, 1997
____________________
















Per Curiam. We agree, essentially for the reasons ___________

recited in the magistrate-judge's June 24, 1996 report (which

was later adopted by the district judge), that plaintiff's

various claims are subject to dismissal. The judgment is

modified simply to reflect that a portion of plaintiff's

claims--i.e., those that are barred by Heck v. Humphrey, 512 ____ ________

U.S. 477 (1993), and those that set forth pendent state-law

claims--are dismissed without prejudice. The remaining _______

claims are dismissed with prejudice. ____

The judgment, as modified, is affirmed. _______________________________________

































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Source:  CourtListener

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