[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 97-1879

MARDO Q. GONZALEZ,

Plaintiff, Appellant,

v.

JOHN MARSHALL, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Charles B. Swartwood, III, U.S. District Magistrate Judge]

Before

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

Mardoqueo Gonzalez on brief pro se. Nancy Ankers White, Special Assistant Attorney General, and Ann M. McCarthy, Counsel, Department of Correction, on brief for appellees John Marshall, Paul Verdini and Thomas Dickhaut. Bruce R. Henry and Morrison, Mahoney & Miller on brief for appellee Pauline Sweeney.

March 12, 1998

Per Curiam. We have carefully reviewed the record in this case, including the briefs of the parties and the decisions below. Essentially for the reasons indicated by the magistrate judge in his report and recommendation, dated March 24, 1997, the grant of summary judgment to defendants/appellees is affirmed.