January 20, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-1101
THOMAS F. DOWD,
Plaintiff, Appellant,
v.
GUNNING, LAFAZIA AND GNYS, INC., ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Francis J. Boyle, Senior U.S. District Judge]
Before
Torruella, Chief Judge,
Campbell, Senior Circuit Judge,
and Boudin, Circuit Judge.
Thomas F. Dowd on brief pro se.
Kevin S. Cotter on brief for appellees.
Per Curiam. The judgment of dismissal is affirmed.
Contrary to plaintiff's suggestion, his complaint was not
"lodged" with the Clerk and thereafter rejected for "filing"
upon denial of his application to proceed in forma pauperis;
rather, the docket sheet reveals that it was filed on August
27, 1993. Contrary to his further suggestion, the order of
dismissal here was not prompted by defendants' motion to
dismiss; rather, it was entered, after appropriate notice,
for failure to prosecute. And his argument that the district
court was without power to enter an order of dismissal under
these circumstances is frivolous. See, e.g., Fed. R. Civ. P.
41(b); 28 U.S.C. 1915(d).
Affirmed.