[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 99-2074
JOSEPH J. FIUMARA,
Plaintiff, Appellant,
v.
MARY C. MARSHALL (formerly Mary C. Fiumara);
ROBERT TOWLER; ALAN ROACH,
MICHAEL C. MCCARTHY,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Paul J. Barbadoro, U.S. District Judge]
[Hon. James R. Muirhead, U.S. Magistrate Judge]
Before
Selya, Circuit Judge,
Campbell, Senior Circuit Judge,
and Boudin, Circuit Judge.
Joseph J. Fiumara on brief pro se.
Joseph K. Bosen and Watson & Bosen, P.A. on Memorandum of
Law in Support of Motion for Summary Affirmance for appellee
Mary C. Marshall.
William G. Scott and Boynton, Waldron, Doleac, Woodman &
Scott, P.A. on brief for appellees Robert Towler and Alan Roach.
Peter G. Beeson, John P. Sherman and Devin, Millimet &
Branch on brief for appellee Michael C. McCarthy.
SEPTEMBER 28, 2000
Per Curiam. Plaintiff appeals from a judgment
dismissing his claims against one of the defendants for
failure
to state a claim, and, following discovery, entering summary
judgment in favor of the other defendants. Plaintiff's
brief does not contain sufficiently developed argumentation
in support of his claims of legal error, so we deem the
issues waived. Upon de novo review of the judgment in light
of the arguments on appeal which we understand, and in light
of the appendix materials, we see no error. The court
followed the correct procedure by liberally construing
plaintiff's pro se pleadings and indulging all reasonable
inferences in his favor. We glimpse no genuine issue of
material fact which required further proceedings. We see no
error in the denial of plaintiff's motions for additional
discovery nor in the denial of his several motions seeking
to re-join as a party the defendant dismissed from the case
for a failure to state a claim.1
Affirmed.
1We note, moreover, that even if Attorney McCarthy had been
rejoined he, like the other defendants, would have been entitled
to summary judgment.
Fiumara v. Fiumara
Combined Opinion