Feeley v. United States

December 22, 1993     [NOT FOR PUBLICATION]

                UNITED STATES COURT OF APPEALS
                    FOR THE FIRST CIRCUIT

                                        

No. 93-1827

                       KEVIN P. FEELEY,

                    Plaintiff, Appellant,

                              v.

              UNITED STATES OF AMERICA, ET AL.,

                    Defendants, Appellees.

                                        

         APPEAL FROM THE UNITED STATES DISTRICT COURT

              FOR THE DISTRICT OF NEW HAMPSHIRE

        [Hon. Paul J. Barbadoro, U.S. District Judge]
                                                    

                                        

                            Before

                     Breyer, Chief Judge,
                                        
             Torruella and Selya, Circuit Judges.
                                                

                                        

   Kevin P. Feeley on brief pro se.
                  

                                        

                                        

     Per  Curiam.   Appellant brought  an  in forma  pauperis
                                                             

action under 42 U.S.C.    1983 against the United States, the

state  of New  Hampshire  and  several  state  agencies,  the

Commonwealth of Pennsylvania and an agency, the New Hampshire

Bar Association,  and  various  corporate  defendants.    The

district  court   ordered  appellant  to  submit  an  amended

complaint  describing more  specifically  the  nature of  his

claims  against  the  various defendants.    After  appellant

submitted his amended complaint, the district court dismissed

the complaint  under  28  U.S.C.     1915(d)  on  statute  of

limitations grounds.  We affirm for the reasons stated in the

district court's order.  See Street v. Vose, 936 F.2d 38,  39
                                           

(1st Cir.  1991) (dismissal  of in  forma pauperis  complaint
                                                  

under 28 U.S.C.   1915(d) is proper where the claim is barred

by  the applicable statute of limitations), cert. denied, 112
                                                        

S. Ct. 948 (1992).

          We   also  note,   with   respect  to   appellant's

allegations that certain state and federal authorities failed

to  investigate and prosecute various individuals for alleged

criminal wrongdoing  brought to their attention by appellant,

that  appellant has no  constitutional right to  have certain

prosecutions  undertaken  at  his   behest,  see  Sattler  v.
                                                         

Johnson, 857  F.2d 224, 227  (4th Cir. 1988),  and government
       

attorneys have an  absolute immunity from suit  under section

1983 for their decision not  to prosecute specific claims  of

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criminal  wrongdoing.  See  Harrington v. Almy,  977 F.2d 37,
                                              

40-43  (1st  Cir.  1992).   Accordingly,  dismissal  under 28

U.S.C.    1915(d) was proper.   See Neitzke v.  Williams, 490
                                                        

U.S.  319, 327 (1989)  (section 1915(d) permits  dismissal of

suits based on an "indisputably meritless legal theory").

          Affirmed. 
                  

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