Millette v. Wright

Case Date: 11/17/1993
Court: United States Court of Appeals
Docket No: 93-1987


November 17, 1993 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1987


HERBERT F. MILLETTE,
Plaintiff, Appellant,

v.

BRUCE WRIGHT, SUPERVISOR AT THE N.H. STATE PRISON RECREATION
DEPARTMENT,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerio, U.S. District Judge]
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Before

Breyer, Chief Judge,
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Torrruella and Selya, Circuit Judges.
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Herbert F. Millette on brief pro se.
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Per Curiam. We agree with the magistrate's
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report that the "Weight Club Contract" does not create a

liberty interest, that plaintiff has no liberty interest in

using the weight room, and that consequently the state was

not required to accord plaintiff procedural protection before

barring him from the weight room. Plaintiff failed to state

a federal claim. The action was properly dismissed.

Affirmed.
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