October 26, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1352
ANTHONY SOLIMINE,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
Before
Selya, Cyr and Boudin,
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 appellee.
Per Curiam. We have reviewed the parties' briefs and
the record on appeal. We agree with the district court's
conclusion that appellant's claim is based on "an
indisputably meritless legal theory." See Neitzke v.
Williams, 490 U.S. 319, 327 (1989). We, therefore, summarily
affirm essentially for the reasons stated in the district
court's memorandum and order, dated February 27, 1995.
Affirmed. See 1st Cir. R. 27.1.
-2-