Goldstein v. Harvard University

Opinion

USCA1 Opinion

        January 18, 1996        [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT


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No. 95-1735 



                                 JENNIFER GOLDSTEIN,



                                Plaintiff, Appellant,



                                          v.



                             HARVARD UNIVERSITY, ET AL.,



                                Defendants, Appellees.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                     [Hon. Nancy J. Gertner, U.S. District Judge]
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                                 ____________________



                                        Before



                                Torruella, Chief Judge,
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                           Stahl and Lynch, Circuit Judges.
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            Jennifer Goldstein on brief pro se.
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            Diane  E.   Lopez,  Office   of  the   General  Counsel,   Harvard
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        University, on brief for appellees.


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Per Curiam.  Plaintiff/appellant Jennifer Goldstein
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            appeals  from  a district  court  order  dismissing her  258-



            paragraph complaint without prejudice because of its  failure



            to conform to  the concise pleading  requirements of Fed.  R.



            Civ.  P.  Rule  8(a)(2).   We  have  carefully  reviewed  the



            complaint and the parties' briefs.  We affirm essentially for



            the reasons stated by the district court.  The district court



            order does not, on its face, preclude an eventual decision on



            the merits,  and appellant makes no  meaningful argument that



            she  is foreclosed  from pursuing  her claims.   We  add that



            appellant's allegation of judicial bias was not raised below,



            and, in  any event, is  meritless.  See Brody  v. President &
                                                ___ _____     ___________



            Fellows of Harvard College,  664 F.2d 10, 11 (1st  Cir. 1981)
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            (noting that all judges  come to the bench with  a background



            of  experiences,  associations and  viewpoints and  that this



            background  is  seldom  sufficient  in itself  to  provide  a



            reasonable basis  for recusal),  cert. denied, 455  U.S. 1027
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            (1982).  The request to seal the dismissal order is denied.



                      Affirmed.
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