[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-2410
DANNY M. KELLY,
Plaintiff, Appellant,
v.
MCDONALD’S CORPORATION; CANOBIE LAKE PARK CORPORATION,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Richard Stearns, U.S. District Judge]
Before
Bownes, Senior Circuit Judge,
Torruella and Lipez, Circuit Judges.
Danny M. Kelly on brief pro se.
John P. Noyes and Gilberg & Kiernan on defendant-appellee
McDonald’s Corporation’s Motion for Summary Disposition.
Cathryn Spaulding and Zizik, Lasalle & Powers, P.C. on
appellee, Canobie Lake Park Corporation’s Memorandum in Support
of Motion for Summary Disposition.
June 29, 2001
Per Curiam. The district court dismissed the claims
against McDonald's Corporation for failure to state a claim.
Later, the court dismissed any intended "civil rights" claim
against Canobie Lake Park for failure to state a cognizable
federal claim and, when plaintiff failed to substantiate the
requisite amount in controversy for diversity jurisdiction,
the remaining claims were dismissed for lack of subject
matter jurisdiction.
Reviewing the judgment de novo in light of the
record and the parties' arguments on appeal, we affirm. See
Loc. R. 27(c).
-2-