November 29, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1600
DONALD GILL,
Plaintiff, Appellant,
v.
DARRELL WEST, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ernest C. Torres, U.S. District Judge]
[Hon. Raymond J. Pettine, Senior U.S. District Judge]
Before
Selya, Stahl and Lynch,
Circuit Judges.
Donald Gill on brief pro se.
Peter J. McGinn, Richard J. Welch and Tillinghast Collins &
Graham on brief for appellee Darrell West in his Official Capacity as
an Agent of Brown University and in his Personal Capacity.
Henry M. Swan and Davis, Kilmarx, Swan & Kohlenberg on brief for
appellee John Hazen White.
Stephen H. Burke and Temkin & Associates Ltd. on brief for
appellee Narragansett Media, Inc.
Joseph V. Cavanagh, Jr., Raymond A. Marcaccio and Blish &
Cavanagh on brief for appellees The Providence Journal Company and
WLNE-TV Channel 6.
Per Curiam. We have reviewed the parties' briefs and
the record on appeal. There was neither error nor abuse of
discretion in the district court's (i) resolution of
appellant's motion to recuse and simultaneous amendment of
its previous order to correct its misapprehension that it had
earlier dismissed a certain defendant nor (ii) denial of an
enlargement of time in which to respond to the show cause
order.
We conclude that the amended complaint was properly
dismissed for lack of subject matter jurisdiction, failure to
state a claim upon which relief might be granted, and/or
failure to make service.
The judgment of dismissal is affirmed.
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