[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1129
MELVIN A. BROWN,
Plaintiff, Appellant,
v.
COMMONWEALTH OF MASSACHUSETTS, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Michael A. Ponsor, U.S. District Judge]
Before
Boudin, Stahl and Lynch,
Circuit Judges.
Melvin A. Brown on brief pro se.
Scott
Harshbarger, Attorney General, and H.
Gregory
Williams,
Assistant Attorney General, on brief for appellees Commonwealth of
Massachusetts, Supreme Judicial Court, Appeals Court, Appellate Tax
Board, Chicopee District Court Small Claims Division, and William Weld,
a natural person, as Governor of the Commonwealth of Massachusetts.
William
J. O'Grady, Associate City Solicitor, Chicopee Law
Department, on brief for appellee City of Chicopee (City of Chicopee
Board of Sewer Commissioners, and Board of Water Commissioners).
August 5, 1997
Per
Curiam. Plaintiff-appellant Melvin A. Brown
appeals pro se from the dismissal of a 42 U.S.C. S 1983
complaint alleging denial of equal protection and deprivation
of property without due process of law. Having carefully
reviewed the record and the parties' briefs, we are persuaded
the decision below should be affirmed essentially for the
reasons stated in the magistrate's report and recommendation
dated December 10, 1996. We add simply that appellant has
waived any substantive due process argument based on his
failure to raise the issue in the district court.
Affirmed.
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