Cole v. Disantis, (1st Cir. 1996)
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July 18, 1996 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1354
RICHARD A. COLE, AND RICHARD A. COLE, M.D., INC.,
Plaintiffs, Appellants,
v.
ERNEST J. DISANTIS, JR., FORMER U.S. ATTORNEY, WESTERN, PA.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Douglas P. Woodlock, U.S. District Judge]
Before
Selya, Cyr and Boudin, Circuit Judges.
Richard A. Cole, M.D. F.A.C.P. on brief pro se.
Per Curiam. Having carefully reviewed the record, appellant's brief, and appellees' motions for summary disposition, we affirm the order of dismissal and the injunction for the reasons stated by the district court. We add only these comments.
Because appellant did not offer any showing that a transfer would be in the interest of justice, we conclude that the district court did not abuse its discretion in failing to order one under 28 U.S.C. 1406(a). See Cote v. Wadel, 796 F.2d 981, 984 (7th Cir. 1986); Dubin v. United States, 380 F.2d 813, 816 (5th Cir. 1967)(it is not "in the interest of justice" to use 1406(a) to "aid a non-diligent plaintiff who knowingly files a case in the wrong district"); see also Mulcahy v. Guertler, 416 F.Supp. 1083, 1086 (D.Mass. 1976).
With respect to the injunction, the district court made adequate findings that appellant's many improper filings in Massachusetts were an abuse of process causing needless expense and inconvenience. The injunction concerns only filings against the federal defendants in Massachusetts district court, and it allows appellant to apply to the district court for leave to file claims upon a showing of personal jurisdiction, proper venue, and merit. In these circumstances, we perceive no abuse of discretion in this limitation on appellant's future filings. See Pavilonis v. King, 626 F.2d 1075, 1079 (1st Cir.), cert. denied,
Affirmed. See 1st Cir. Loc. R. 27.1.
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1406 - Sec. 1406. Cure or waiver of defects
- U.S. Court of Appeals for the Fifth Circuit - Marve A. Dubin, Appellant, v. United States of America, Appellee., 380 F.2d 813 (5th Cir. 1967)
- U.S. Court of Appeals for the First Circuit - Anne M. Pavilonis, Plaintiff, Appellant, v. Edward J. King Et Al., Defendants, Appellees., 626 F.2d 1075 (1st Cir. 1980)
- U.S. Court of Appeals for the Seventh Circuit - Colleen A. Cote, Plaintiff-Appellant, v. Peter J. Wadel and Wadel & Bulger, P.C., Defendants-Appellees.
- U.S. Court of Appeals for the First Circuit - Gladys L. Cok, Plaintiff, Appellant, v. Family Court of Rhode Island, Et Al., Defendants, Appellees., 985 F.2d 32 (1st Cir. 1993)
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