Filed: Sep. 29, 2000
Latest Update: Feb. 21, 2020
Summary: , Donald K. Stern, United States Attorney, and Barbara Healy, Smith, Assistant U.S. Attorney, on Motion to Dismiss Appeal or, for Summary Disposition, for appellee.raise for review the merits of the underlying judgment.Villalobos v. Hernandez, 22 F.3d 384 (1st Cir.those post-judgment motions.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 99-1741
RICHARD COMERFORD,
Plaintiff, Appellant,
v.
U.S. DEPT. OF ARMY,
Defendant, Appellee.
____________________
ARMY NATIONAL GUARD OF MASSACHUSETTS,
Defendant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
Richard Comerford on brief pro se.
Donald K. Stern, United States Attorney, and Barbara Healy
Smith, Assistant U.S. Attorney, on Motion to Dismiss Appeal or
for Summary Disposition, for appellee.
SEPTEMBER 29, 2000
Per Curiam. After carefully considering the briefs
and record on appeal, we affirm the decision of the district
court.
To the extent that the appellant’s arguments are
addressed to the underlying judgment, they are unavailing
because he did not effect a timely appeal from that
judgment. Although his appeal from the last, three, post-
judgment motions is timely, those repetitive motions do not
raise for review the merits of the underlying judgment. See
Aybar v. Crispin-Reyes,
118 F.3d 10 (1st Cir 1997); Acevedo-
Villalobos v. Hernandez,
22 F.3d 384 (1st Cir. 1994).
Moreover, the appellant failed to provide developed
argumentation or authority establishing that the appeal is
timely with respect to the substantive issues raised in
those post-judgment motions. See United States v. Zannino,
895 F.2d 1, 17 (1st Cir. 1990). Finally, to the extent that
the appellant’s arguments are addressed to the merits of the
district court’s rulings on the post-judgment motions, he
has not demonstrated abuse of discretion.
We deny the appellant’s motion to compel.
Affirmed. Loc. R. 27 (c).