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  • L'Heureux v. Whitman, 1st Cir. (1999)

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    The US Court of Appeals for the First Circuit affirmed the district court's dismissal of the plaintiff's case. The appeals court found the appeal frivolous based on the reasons given in the magistrate's report recommending dismissal, which was adopted by the district court. The court also granted the defendant's motion for reconsideration of a default order, vacated the default order, and treated the defendant's motion to dismiss as its brief. The court then granted the defendant's motion for summary disposition.

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    Filed: 1999-06-08 Precedential Status: Precedential Docket: 98-2059

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    The US Court of Appeals for the First Circuit affirmed the district court's dismissal of the plaintiff's case. The appeals court found the appeal frivolous based on the reasons given in the magistrate's report recommending dismissal, which was adopted by the district court. The court also granted the defendant's motion for reconsideration of a default order, vacated the default order, and treated the defendant's motion to dismiss as its brief. The court then granted the defendant's motion for summary disposition.

    Copyright:

    Public Domain
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    11 views3 pages

    L'Heureux v. Whitman, 1st Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit affirmed the district court's dismissal of the plaintiff's case. The appeals court found the appeal frivolous based on the reasons given in the magistrate's report recommending dismissal, which was adopted by the district court. The court also granted the defendant's motion for reconsideration of a default order, vacated the default order, and treated the defendant's motion to dismiss as its brief. The court then granted the defendant's motion for summary disposition.

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    of 3

    USCA1 Opinion

    [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]


    United States Court of Appeals
    For the First Circuit

    No. 98-2059

    RONALD L'HEUREUX,

    Plaintiff, Appellant,

    v.

    WALTER WHITMAN AND


    JUSTIN AMEIAL,

    Defendants, Appellees.

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF RHODE ISLAND

    [Hon. Ronald R. Lagueux, U.S. District Judge]

    Before

    Selya, Boudin and Lynch,


    Circuit Judges.

    Ronald L'Heureux on brief pro se.


    Sheldon Whitehouse, Attorney General, and Elisabeth A.
    Wallace, Special Assistant Attorney General, on Motion to Dismiss
    Appeal or to Summarily Affirm the Judgment Below, for appellees.

    June 7, 1999

    Per Curiam.

    Upon careful review of the record,

    appellant's brief, and defendant's motion to dismiss the appeal


    or for summary disposition, we conclude that this appeal is
    frivolous.

    The dismissal was proper for the reasons stated in

    the magistrate judge's Report and Recommendation dated August


    5, 1998, and adopted by the district court.

    Plaintiff's

    meritless and irrelevant appellate arguments cast no doubt on


    the dismissal.
    Defendant's motion for reconsideration of the default
    order is granted, that default order is vacated, and
    defendant's motion to dismiss is treated as his brief.
    Defendant's motion for summary disposition is
    granted.
    Affirmed.

    See 1st Cir. Loc. R. 27.1.

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