[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-1424



                        JAMES MACFARLANE,



                      Plaintiff, Appellant,



                                v.



                           BERYL RICH,



                       Defendant, Appellee.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF NEW HAMPSHIRE



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







                              Before



                     Selya, Stahl and Lynch,

                        Circuit Judges.

                                

                                





     James MacFarlane on brief pro se.

     Diane M. Gorrow and Soule, Leslie, Kidder, Sayward & Loughmanon Motion for Summary Disposition for appellee.









October 13, 1998









                                

                                





                                                         Per Curiam.  James MacFarlane appeals pro se from the

    district court's dismissal of his complaint pursuant to

    Fed.R.Civ.P. 12(b)(6).  MacFarlane concedes that the district

    court properly dismissed the complaint on the grounds that it

    1) fails to adequately allege state action and 2) fails to

    state a cause of action under New Hampshire law because the

    contested alimony order has not yet been overturned in state

    court. We affirm the dismissal of the complaint on those two

    grounds. See Loc. R. 27.1.