Davias v. Garrigan

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 96-2048 ERICO DAVIAS, Plaintiff, Appellant, v. CLYDE GARRIGAN, ET AL., Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, U.S. District Judge] Before Torruella, Chief Judge, Campbell, Senior Circuit Judge, and Boudin, Circuit Judge. Erico Davias on brief pro se. Paul M. Gagnon, United States Attorney, and T. David Plourde, Assistant United States Attorney, on brief for federal appellees. June 3, 1997 Per Curiam. We agree, essentially for the reasons recited in the magistrate-judge's June 24, 1996 report (which was later adopted by the district judge), that plaintiff's various claims are subject to dismissal. The judgment is modified simply to reflect that a portion of plaintiff's claims--i.e., those that are barred by Heck v. Humphrey, 512 U.S. 477 (1993), and those that set forth pendent state-law claims--are dismissed without prejudice. The remaining claims are dismissed with prejudice. The judgment, as modified, is affirmed. -2-