Notice: First Circuit Local Rule 36.2(b)6 States Unpublished Opinions May Be Cited Only in Related Cases.jerome E. Cassell, Plaintiff, Appellant, v. State of New Hampshire, et al., Defendants, Appellees, 86 F.3d 1146 (1st Cir. 1996)

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US Court of Appeals for the First Circuit - 86 F.3d 1146 (1st Cir. 1996) May 15, 1996

Jerome E. Cassell on brief pro se.

Before SELYA, CYR and LYNCH, Circuit Judges.


On a review of the complaint under 28 U.S.C. § 1915(d), the district court dismissed the "retaliatory transfer" claims because they were frivolous. We are satisfied that there was no abuse of discretion since the complaint's allegations cannot support an inference of unlawful retaliation or conspiracy. Reviewing the dismissal of appellant's other claims de novo, we find no error in the jurisdictional dismissal of the claims challenging the conditions of appellant's Virginia confinement and, following an opportunity to amend, the dismissal with prejudice of the claims alleging a deprivation of, or denial of access to, personal property and legal materials. See Denton v. Hernandez, 504 U.S. 25, 34 (1992); Forte v. Sullivan, 935 F.2d 1 (1st Cir. 1991).