[NOT FOR PUBLICATION]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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