Solimine v. United States

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 94-2250 ANTHONY SOLIMINE, Plaintiff, Appellant, v. UNITED STATES OF AMERICA, ET AL., Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. William G. Young, U.S. District Judge] Before Torruella, Chief Judge, Selya and Lynch, Circuit Judges. Anthony Solimine on brief pro se. Donald K. Stern, United States Attorney, and David S. Mackey, Assistant United States Attorney, on brief for appellees. August 29, 1995 Per Curiam. The underlying district court action and this appeal are essentially identical to appellant's other district court complaints and previous appeals in Solimine v. F.B.I., Nos. 94-1873; 94-1995 (1st Cir. Mar. 24, 1995). As we noted therein, the underlying action is frivolous as it is based on "an indisputably meritless legal theory." Neitzke v. Williams, 490 U.S. 319, 327 (1989). Appellant's motion for oral argument is denied. We summarily affirm for the reasons stated in the district court's memorandum and order of dismissal dated September 21, 1994. Loc. R. 27.1. -2-