USCA1 Opinion

          August 18, 1994
                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT
                                 ____________________


        No. 94-1050

                               CLIFFORD E. AVERY, SR.,

                                Petitioner, Appellant,

                                          v.

                COMMISSIONER NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS,

                                Respondent, Appellee.

                                 ____________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF NEW HAMPSHIRE


                   [Hon. Steven, J. McAuliffe, U.S. District Judge]
                                               ___________________

                                 ____________________

                                        Before

                               Torruella, Chief  Judge,
                                          ____________
                             Selya and Stahl,Circuit Judges.
                                             ______________

                                 ____________________

            Clifford E. Avery, Sr., on brief pro se.
            _____________________
            Jeffrey  R.  Howard,   Attorney  General,  and  John  A.   Curran,
            ___________________                             _________________
        Assistant Attorney General, on brief for appellee.


                                 ____________________


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                 Per Curiam.   Petitioner Clifford E.  Avery, Sr. appeals
                 __________

            the dismissal  by the  United States District  Court for  the

            District  of New Hampshire of  his application for  a writ of

            habeas corpus.  28 U.S.C.   2254.  We have reviewed carefully

            the  record  in  this   case,  including  the  transcript  of

            petitioner's trial  for first degree murder,  the opinion and

            order of the  district court,  and the parties'  briefs.   We

            affirm the dismissal essentially for the reasons given by the

            district court in its  opinion and order dated September  29,

            1993.