[NOT FOR PUBLICATION]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.
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