USCA1 Opinion

          November 17, 1993     [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT
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          No. 93-1987

            


                                 HERBERT F. MILLETTE,
                                Plaintiff, Appellant,

                                          v.

             BRUCE WRIGHT, SUPERVISOR AT THE N.H. STATE PRISON RECREATION
                                     DEPARTMENT,
                                 Defendant, Appellee.


                                  __________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF NEW HAMPSHIRE


                    [Hon. Joseph A. DiClerio, U.S. District Judge]
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                                 ___________________

                                        Before

                                 Breyer, Chief Judge,
                                         ___________
                        Torrruella and Selya, Circuit Judges.
                                              ______________

                                 ___________________

               Herbert F. Millette on brief pro se.
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                      Per Curiam.       We  agree with  the  magistrate's
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            report  that the  "Weight Club  Contract" does  not create  a

            liberty interest, that  plaintiff has no liberty  interest in

            using the  weight room, and  that consequently the  state was

            not required to accord plaintiff procedural protection before

            barring him from the weight  room.  Plaintiff failed to state

            a federal claim.   The action was properly dismissed.

                      Affirmed.
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