September 12, 1996 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1583
RICHARD A. COLE, M.D.,
Plaintiff, Appellant,
v.
THOMAS WITTMAN, 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,
Cyr and Stahl, Circuit Judges.
Richard A. Cole, M.D. F.A.C.P. on brief pro se.
Jennifer L. Johnston and Quinn, Buseck, Leemhuis, Toohey & Kroto,
Inc. on brief for appellees Thomas Wittmann, M.D., Vinod Patel, M.D.,
Edward Overfield, M.D., Chest Diseases of Northwestern Pennsylvania,
Saint Vincent Health Center and Saint Vincent Foundation for Health
and Human Services.
Daniel J. Pastore and The McDonald Group, L.L.P. on brief for
appellees John T. Schaaf, M.D., Hamot Medical Center and Hamot
Healthcare Corp.
Jeffrey R. Cohen, Wayne, Lazares & Chappell, W. Patrick Delaney,
Dale Huntley and MacDonald, Illig, Jones & Britton LLP on brief for
appellees MacDonald, Illig, Jones & Britton LLP.
Jeffrey R. Cohen and Wayne, Lazares & Chappell on brief for
appellee Millcreek Community Hospital.
Per Curiam. For the purposes of this appeal, we assume,
without deciding, that we have jurisdiction to consider the
merits of the order dismissing appellant's complaint. In any
case, upon careful review of the record and appellate briefs,
it clearly appears that no substantial question is presented
here and that no reversal is warranted.
Because appellant made no showing that a transfer would
be in the interest of justice, we conclude that the district
court did not abuse its discretion in failing to order one.
See Cote v. Wadel, 796 F.2d 981, 984 (7th Cir. 1986); Dubin
v. United States, 380 F.2d 813, 816 (5th Cir. 1967) (it is
not in the interest of justice to use 28 U.S.C. 1406(a) to
"aid a non-diligent plaintiff who knowingly files a case in
the wrong district"); see also Mulcahy v. Guertler, 416
F.Supp. 1083, 1086 (D. Mass. 1976).
Appellant's remaining arguments also are without merit.
He never sought leave to amend his complaint, and amendment
would not cure the defects which supported the dismissal.
Further, there is no legal or factual support for his
assertion of judicial bias.
Affirmed. See 1st Cir. Loc. R. 27.1.
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