September 14, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-2271
ERIC DAVIS,
Plaintiff, Appellant,
v.
DAVID BERUBE,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Lynch, Circuit Judges.
Eric Davis on brief pro se.
Jeffrey R. Howard, Attorney General, and Wynn E. Arnold,
Assistant Attorney General, on Motion for Summary Disposition, for
appellee.
Per Curiam. The judgment is affirmed substantially for
the reasons recited by the Magistrate-Judge in his Report and
Recommendation dated November 17, 1994. We add that
plaintiff has done nothing to call into question the
conclusion--elsewhere reached by the New Hampshire Supreme
Court--that the state's parole statute, see N.H. Rev. Stat.
Ann. 651-A:6 (Supp. 1994), and the accompanying Adult
Parole Board Rules, fail to create a 14th Amendment liberty
interest with regard to the denial of parole. See Bussiere
v. Cunningham, 132 N.H. 747, 752-54 (1990); Baker v.
Cunningham, 128 N.H. 374, 380-81 (1986); see generally
Greenholtz v. Inmates of the Nebraska Penal and Correctional
Complex, 442 U.S. 1, 7 (1979).
Affirmed.