[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

For The FIRST CIRCUIT


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No. 93-1164

JOHN B. DEMPSEY,

Plaintiff, Appellant,

v.

VANNA WHITE,

Defendant, Appellee.


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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. A. David Mazzone, U.S. District Judge]
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Before

Torruella, Cyr and Boudin,
Circuit Judges.
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John B. Dempsey on brief pro se.
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June 11, 1993
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Per Curiam. The only question presented by this
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appeal is whether the district court abused its discretion in

denying pro se appellant's motion under Fed. R. Civ. P.
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60(b). See Duffy v. Clippinger, 857 F.2d 877, 879 (1st Cir.
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1988). Appellant's allegations that he is entitled to relief

from judgment because of excusable neglect, Rule 60(b)(1),

and newly discovered evidence, Rule 60(b)(2), are frivolous.

It is clear that appellant's profferings - that he failed to

cite certain statutes, propound certain theories, offer

certain amendments, or refer to certain non-legal

publications - are merely attempts to reargue the merits of

his case. We affirmed the dismissal of appellant's complaint

as frivolous under 28 U.S.C. 1915(d). Dempsey v. White,
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No. 91-1253, slip op. Mar. 29, 1991. There was no error of

judgment on the part of the trial court.

Affirmed. Appellant's pending motion for a gag
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order restraining order is denied.
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