USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 97-1464
DENNIS J. SOLOMON,
Plaintiff, Appellant,
v.
KIMBERLY CHENEY, ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Patti B. Saris, U.S. District Judge]
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Before
Selya, Boudin and Lynch,
Circuit Judges.
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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.
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November 14, 1997
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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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