[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1464
DENNIS J. SOLOMON,
Plaintiff, Appellant,
v.
KIMBERLY CHENEY, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Patti B. Saris, U.S. District Judge]
Before
Selya, Boudin and Lynch,
Circuit Judges.
Dennis J. Solomon on brief pro se.
Carol
A.
Griffin,
W
illiam T. Bogaert and Morrison, Mahoney & Miller
on Memorandum of Law in Support of Motion of Defendant-Appellee,
Kimberly Cheney, for Summary Affirmance.
November 14, 1997
Per Curiam. Pro se plaintiff Dennis Solomon appeals a
district court judgment that dismissed his complaint as
frivolous
under 28 U.S.C. S 1915(e)(2)(B). Plaintiff is not a
prisoner. He did not seek to proceed in forma pauperis, but
rather
paid
the
full
fee
for filing his complaint. Thus, it is
not
entirely
clear that the foregoing statute, which generally
applies to prisoners seeking to proceed in forma pauperis,
applies
to
this
case.
Nevertheless, having thoroughly reviewed
the
record
and
the
parties' briefs on appeal, this court agrees
that the instant action is frivolous and that plaintiff can
prove
no
set
of
facts
that would entitle him to relief. Nor do
we see any merit to the plaintiff's unsupported claim of bias
on the part of the district court. Accordingly, the judgment
of the district court is summarily affirmed. See Local Rule
27.1.
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