USCA1 Opinion

September 12, 1994

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
[NOT FOR PUBLICATION]

____________________
No. 93-2279
ERICO DAVIAS, A/K/A ERIC DAVIS,
Plaintiff, Appellant,
v.
WARDEN, NEW HAMPSHIRE STATE PRISON,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Shane Devine, Senior U.S. District Judge]
__________________________
____________________
No. 93-2290
ERICO DAVIAS,
Plaintiff, Appellant
v.
STATE OF NEW HAMPSHIRE, ET AL.,
Defendants, Appellees.
__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerico, U.S. District Judge]
___________________
____________________
Before
Torruella, Chief Judge,
___________
Selya and Cyr, Circuit Judges.
______________

__________________
Erico Davias on briefs pro se.
____________
____________________
____________________

Per Curiam.
__________
consolidated
that
piece

The judgments are affirmed in both of these

appeals.

In

No. 93-2279,

one or more employees

of correspondence

plaintiff complains

in the prison

sent to

him from

mailroom opened a
federal district

court.
to a

Incorporated into his amended complaint is a response

grievance filed by

incident, in

which the

been opened

by

found

negligence on

Based
that

the

plaintiff has not objected.

such

an allegation fails to state

See,
___

e.g., Daniels
____ _______

had

explanation,

the

on this

part of

this

that the mail

plaintiff was

which

1983.

connection with

warden explained

mistake.

magistrate-judge
simple

plaintiff in

complaining

of

defendant--a finding

to

It is

well settled that

a claim under 42 U.S.C.

v. Williams,
________

474 U.S.

327, 328

(1986) ("the Due Process Clause is simply not implicated by a

negligent act
_________
injury

to

of an official
life,

liberty,

causing unintended loss

or

property")

of or

(emphasis

in

original); Germany v. Vance, 868 F.2d 9, 11 (1st Cir. 1989).

_______
_____
In

No.

93-2290,

plaintiff challenges

surrounding his extradition from

in

June

1991.

recommendations
judicata

The
of the

grounds,

similar challenge in

Louisiana to New

district

court

magistrate-judge)

finding

that

the

plaintiff

procedures
Hampshire

(adopting

the

dismissed on

res

had

a separate state-court suit.

brought

From the

record

before us, we are unable to confirm that judgment has

issued

in that

proceeding.

This is

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unimportant, however,

inasmuch
those

as

plaintiff's allegations

advanced in

an earlier

subject of our decision

federal

here are

action that

was the

in Davias v. New Hampshire,

______
_____________

No. 93-

1405 (1st Cir. Dec. 15, 1993) (per curiam).

instant

action

warranted--if not

on res
on the

identical to

judicata

grounds

Dismissal of the
was thus

basis of plaintiff's

state suit--

then on the basis of his earlier federal proceeding.

The judgments are affirmed.
___________________________

plainly

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