Davis v. Wonderland Greyhound

Court of Appeals for the First Circuit·Decided August 28, 1996·No. 96-1604·Published

Opinion

USCA1 Opinion



[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 96-1604

FRED DAVIS,

Plaintiff, Appellant,

v.

WONDERLAND GREYHOUND PARK, INC., ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Cyr and Stahl, Circuit Judges. ______________

____________________

Fred Davis on brief pro se. __________
Stephen B. Reed and Kearns & Rubin, P.C. on brief for appellees. _______________ ____________________

____________________

August 27, 1996
____________________

Per Curiam. Having reviewed the entire record, ___________

including the transcript of the June 30, 1995 truncated

deposition at which plaintiff claims he was harassed, we

summarily affirm the dismissal of plaintiff's action for the

reasons stated in the district court's April 11, 1996

memorandum and order. Plaintiff was not unfairly treated at

the deposition and plaintiff was afforded multiple

opportunities to complete the deposition. When plaintiff

failed without any adequately documented justification to

appear for the rescheduled deposition, the court did not

abuse its discretion in dismissing plaintiff's action.

Affirmed. Loc. R. 27.1. ________

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Davis v. Wonderland Greyhound, (1st Cir. 1996).

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