Cook v. Heavey

                    [NOT FOR PUBLICATION]

                UNITED STATES COURT OF APPEALS
                    FOR THE FIRST CIRCUIT
                                         

No. 96-1606

                         ROBERT COOK,

                    Plaintiff, Appellant,

                              v.

                   MICHAEL HEAVEY, ET AL.,

                    Defendant, Appellees.

                                         

         APPEAL FROM THE UNITED STATES DISTRICT COURT

              FOR THE DISTRICT OF MASSACHUSETTS

         [Hon. Robert E. Keeton, U.S. District Judge]
                                                                

                                         

                            Before

                   Selya, Boudin and Lynch,
                       Circuit Judges.
                                                 

                                         

Robert Cook on brief pro se.
                       
Joslin Ham Murphy on brief for appellees, Town defendants.
                             
Scott  Harshbarger, Attorney  General,  and William  J.  Duensing,
                                                                             
Assistant Attorney  General, Criminal Bureau, on  brief for appellees,
State defendants.

                                         

                      December 23, 1996
                                         


          Per  Curiam.     Plaintiff-appellant  appeals   the
                                 

dismissal  of his  second  amended complaint  for failure  to

state a claim.   Reviewing  the dismissal de  novo, and  upon
                                                              

consideration of the parties' briefs and the record, we agree

with the district court's  analysis and affirm  substantially

for  the  reasons  set   forth  in  Judge  Keeton's  thorough

memorandum  order.  There was  no abuse of  discretion in the

court's decision to  dismiss the complaint without  affording

plaintiff another opportunity to amend.

          Affirmed.
                              

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