December 28, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1683
TIMOTHY SCOTT BAILEY SMITH, ET AL.,
Plaintiffs, Appellants,
v.
JANE SHEEHAN, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Selya, Stahl and Lynch,
Circuit Judges.
Timothy Scott Bailey Smith on brief pro se.
Andrew Ketterer, Attorney General, and Leanne Robbin, Assistant
Attorney General, on brief for appellees.
Per Curiam. On cross-motions for summary judgment,
the district court granted defendants' motion on the merits
and dismissed the case. Plaintiffs main challenge on appeal
is to the timing, and manner of service, of the defendants'
motion. We have carefully reviewed the record and briefs,
and see no abuse of discretion in the magistrate's refusal to
compel defendants first to file an answer. See Fed. R. Civ.
P. 56(b). There was also no prejudice to the plaintiffs in
the few days' delay caused by the defendants' mailing of the
motion to the wrong address.
Plaintiffs' constitutional challenges to events
that occurred in the state proceedings after the district
court entered its judgment in this case are not properly a
subject of this appeal. This court does not have original
jurisdiction to entertain such complaints. Seeing no
exceptional reason to consider plaintiffs' remaining
arguments (one made for the first time on appeal, the others
without developed argumentation), the judgment below is
affirmed.
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