[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 97-1541

WILLIAM H. MOORE,

Plaintiff, Appellant,

v.

COUNTY OF WORCESTER, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Edward F. Harrington, U.S. District Judge]

Before

Torruella, Chief Judge, Boudin and Stahl, Circuit Judges.

William H. Moore on brief pro se.

Edward P. Ryan, Jr. and O'Connor & Ryan, P.C. on brief for appellee Worcester County.

Scott Harshbarger , Attorney General, and Ellyn H. Lazar , Assistant Attorney General, on brief for appellees District Attorney John Conte and Assistant District Attorney Joseph Lostracco.

September 29, 1997

Per Curiam. The filled-in form plaintiff contends

he returned to the court does not appear in the district court

record. Consequently, the district court did not err or abuse

its discretion in assessing a filing fee or denying plaintiff's

motion to vacate.

The case was properly dismissed under 28 U.S.C. S

1915(e)(2)(B).

Affirmed.

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