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USCA1 Opinion

December 11, 1995

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS


FOR THE FIRST CIRCUIT

____________________

No. 95-1701

BERNARD M. BANE,

Plaintiff, Appellant,

v.

REGISTRY OF MOTOR VEHICLES,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge]


___________________

____________________

Before

Selya, Cyr and Boudin,


Circuit Judges.
______________

____________________

Bernard M. Bane on brief pro se.


_______________

____________________

____________________

Per
Curiam.
____________

The

district

court

dismissed

plaintiff's complaint as frivolous under 28 U.S.C.

1915(d),

after informing

plaintiff that his

complaint was

and

an

supply applicable

giving him

authority

opportunity to

to support

why

his action

should

deficient

legal

proceed.

We

affirm the dismissal.

Plaintiff has

failed to show a

deprivation of any

federal or constitutional right, an essential element

1983

cause of

facts

action.

indicating

that

None of plaintiff's

Massachusetts

fails

of a

filings allege

to

provide

constitutionally adequate remedy to redress the purported due

process

deprivation, here,

license

to operate

and

the non-renewals

of plaintiff's

automobile registration.

Such

an

allegation is critical to a procedural due process claim, and

its

omission

warrants dismissal

of

that

claim.

Rumford
_______

Pharmacy v. City of East Providence, 970 F.2d 996,


________
________________________

999 (1st

Cir. 1992).

Mass. Gen. L. ch.

predeprivation

It is

the

90,

safeguards

issuance

of

potential

non-renewal.

conclusory

assertion

to avert

parking

that

failed completely

statutory

safeguards

are

20A

tickets

the

1/2

inadequate

-2-

that

triggers

unelaborated

and

is unconstitutional,

to indicate

is required to challenge

provides

erroneous non-renewals.

Aside from

plaintiff

process

20A 1/2, clearly

or

in what

way those

what

additional

the ticketing in the first

instance.

Given the

express

adequate predeprivation

provisions of

process was available.

ch.

20A 1/2,

See Lowe v.
___ ____

Scott, 959 F.2d 323, 344 (1st Cir. 1992).


_____

Further, Massachusetts appears to

postdeprivation tort

of Correction,
______________

Plaintiff

936

remedies.

F.2d

Smith v. Massachusetts Dep't


_____
___________________

1390,

has failed to allege

provide adequate

1402

(1st

Cir.

1991).

that a state-law tort remedy

could not adequately cure the

showing

the inadequacy of

alleged wrong.

the

Without

facts

Massachusetts predeprivation

and postdeprivation remedies, plaintiff cannot state a

1983

procedural due

process claim.1

Rumford Pharmacy,
________________

at

also
____

New York City Employee's


___________________________

1000;

see
___

Campo
_____

Retirement System,
__________________

843 F.2d

denied, 488 U.S. 889


______

1983

claim

procedure while

by

96,

101-02

(2d Cir.),

cert.
_____

(1988) (plaintiffs cannot manufacture a

pointing to

allegedly

defective

ignoring other state process

redress administrative error).

to plead an actionable

his ancillary

v.

970 F.2d

1985

agency

that serves to

Because plaintiff has

failed

claim of deprivation of due

process,

conspiracy claim necessarily

fails as

____________________

1.

The

shocking",

conduct
should

here

involved

plaintiff

substantive due process

be

claim.

F.3d 168, 173 (1st Cir. 1993).

-3-

is

hardly

attempting
See, Senra v.
___ _____

"conscience
to

assert

Cunningham, 9
__________

well.

Rumford Pharmacy, 970


_________________

F.2d at

1000 n.7;

Torres v.
______

Superintendent of Police,893 F.2d404, 410 n.8(1st Cir.1990).2


________________________

In

short,

despite

an

opportunity

to

supply

additional substance to the due process claim, see Purvis


___ ______

Ponte,
_____

929 F.2d

822,

826 (1st

Cir.

lacked sufficient allegations that

state

law

remedies were

dismissed.

Affirmed.
________

not

1991), the

v.

complaint

constitutionally adequate

available,

and was

properly

____________________

2.

To the extent that plaintiff's conspiracy theory attempts

to rely

on

protection

grounds
or the

other than due


First Amendment,

process, such

as equal

plaintiff's speculative

and improbable conspiracy claim--that he has been singled out


by defendants because of his previous litigation or political
views--fails to identify facts that could support the kind of
racial
relief,

or class-based
and

is

animus required

plainly

without

to obtain
merit.

1985(3)
Griffin
_______

v.

Breckenridge,
____________

403

U.S. 88,

102

Pharmacy, 970 F.2d at 1000 n.9.


________

-4-

(1971);

see also
___ ____

Rumford
_______

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