Amparo Concepcion v. De Correccion

82 F.3d 403, 1996 WL 195381

Opinion

82 F.3d 403

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.
Maximiliano Amparo CONCEPCION, Plaintiff, Appellant,
v.
ADMINISTRACION DE CORRECCION, Defendants, Appellees.

No. 96-1176.

United States Court of Appeals, First Circuit.

April 23, 1996.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector M. Laffitte, U.S. District Judge ]

Maximiliano Amparo Concepcion on brief pro se.

D. Puerto Rico

VACATED.

Before TORRUELLA, Chief Judge, STAHL and LYNCH, Circuit Judges.

Per Curiam.

We agree with the district court that plaintiff's allegations with respect to his dental treatment were insufficient to state a constitutional claim, and we affirm the dismissal of that claim. Plaintiff also contended, however, that the correctional facility has no law library and outlined a denial of access to courts claim. The district court did not address this claim when it dismissed plaintiff's action. We conclude that plaintiff stated enough to survive a sua sponte dismissal of the access to courts claim and therefore vacate the judgment of dismissal and remand for further consideration of the access to courts claim.

Vacated and remanded.