[NOT FOR PUBLICATION]



                    UNITED STATES COURT OF APPEALS

                         FOR THE FIRST CIRCUIT

                          ___________________





No. 97-1879



                          MARDO Q. GONZALEZ,



                         Plaintiff, Appellant,



                                  v.



                        JOHN MARSHALL, ET AL.,



                        Defendants, Appellees.



                                   

                         ____________________



             APPEAL FROM THE UNITED STATES DISTRICT COURT



                   FOR THE DISTRICT OF MASSACHUSETTS



   [Hon. Charles B. Swartwood, III, U.S. District Magistrate Judge]



                         ____________________



                                Before



                        Torruella, Chief Judge,

                   Stahl and Lynch, Circuit Judges.



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    Mardoqueo Gonzalez on brief pro se.

    Nancy Ankers White, Special Assistant Attorney General, and 

    Ann M. McCarthy, Counsel, Department of Correction, on brief for

appellees John Marshall, Paul Verdini and Thomas Dickhaut.

    Bruce R. Henry and Morrison, Mahoney & Miller on brief for appellee

Pauline Sweeney.





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                           March 12, 1998

                        ____________________

                                  

                                  

      Per Curiam.  We have carefully reviewed the record in this

    case, including the briefs of the parties and the decisions

    below.  Essentially for the reasons indicated by the

    magistrate judge in his report and recommendation, dated

    March 24, 1997, the grant of summary judgment to

    defendants/appellees is affirmed.