[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 97-1288
WILLIAM H. JONES, JR.,
Plaintiff, Appellant,
v.
COMMISSIONER, NH DEPARTMENT OF CORRECTIONS, 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
Selya, Boudin and Lynch,
Circuit Judges. ______________
____________________
William H. Jones, Jr. on brief pro se. _____________________
Philip T. McLaughlin, Attorney General, Martin P. Honigberg, ______________________ _____________________
Senior Assistant Attorney General, and Jennifer Brooks Gavilondo, __________________________
Attorney, Civil Bureau, New Hampshire Attorney General's Office, on
brief for appellees.
____________________
November 19, 1997
____________________
Per Curiam. Plaintiff-appellant William H. Jones, __________
Jr. appeals following a district court judgment in favor of
various prison and halfway house officials on his claims
brought pursuant to 42 U.S.C. 1983. We affirm.
Jones complains that the district court erred in
setting aside an entry of default against Corporal Frank
Cassidy. We review a district court decision to set aside a
default solely for abuse of discretion. Leshore v. County of _______ _________
Worcester, 945 F.2d 471, 472 (1st Cir. 1991). Having _________
reviewed the record, we find no abuse of discretion in the
instant case. We add that although Jones lists the grant of
summary judgment in favor of Cassidy as an issue on appeal,
he nowhere makes a developed argument that summary judgment
was in error. Under the circumstances, we deem the issue
waived. See King v. Town of Hanover, 116 F.3d 965, 970 (1st ___ ____ ________________
Cir. 1997). We add that even if the issue were not waived,
summary judgment would be proper for the reasons stated by
the district court.
Jones also contends that the district court erred
in granting summary judgment in favor of Officer Darren
Basoukas Corporal Stephen Nolan, and Warden Michael
Cunningham. Having reviewed the grant of summary judgment de __
novo, we find no reversible error. See Dubois v. United ____ ___ ______ ______
States Dep't of Agric., 102 F.3d 1273, 1283 (1st Cir. 1996), ______________________
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cert. denied, 117 S. Ct. 2510 (1997) (setting forth standard _____________
of review).
The claims against Basoukas and Nolan stemmed from
Jones's allegations that he was denied insulin and a
hypodermic needle on May 24, 1994 when he signed out of the
halfway house to go to work. Both Basoukas and Nolan
submitted affidavits denying any personal involvement in the
alleged incident. Jones failed to submit any countervailing
evidence on this point, and, contrary to his suggestion, the
records submitted by defendants do not establish Nolan's
presence at the "signing out." His tardy unsworn allegation
to this effect, made in a pretrial statement, was
insufficient to defeat summary judgment. See DeNovellis v. ___ __________
Shalala, 124 F.3d 298, 305-06 (1st Cir. 1997) ("The very _______
mission of the summary judgment procedure is to pierce the
pleadings and to assess the proof in order to see whether
there is a genuine need for trial." (quoting Fed. R. Civ. P.
56(e) advisory committee's note to 1963 amendment)). F o r
similar reasons, we reject Jones's challenge to the grant of
summary judgment in favor of Cunningham. The claim against
Cunningham at issue on appeal stemmed from the alleged denial
of special diet meals at the halfway house. We agree with
the district court that Jones failed to show "[a] link
between defendant Cunningham's alleged indifference and
[Jones's] non-receipt of medical meals." Jones introduced no
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evidence, by way of affidavit or otherwise, that he ever made
any member of Calumet House aware that his medical condition
required a special diet. His tardy, unsworn allegations to
the effect that staff knew he was on a special diet, made for
the first time in his pretrial statement, are not grounds for
reversal.
Affirmed. _________
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