[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 98-2042

CHARLES RICHARDS,

Plaintiff, Appellant,

v.

TRUSTEES OF THE UNIVERSITY OF MASSACHUSETTS, AMHERST, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nancy Gertner, U.S. District Judge]

Before

Stahl, Circuit Judge, Campbell, Senior Circuit Judge, and Lynch, Circuit Judge.

Charles Richards on brief pro se. Geoffrey B. McCullough on brief for appellees Trustees of the University of Massachusetts, Amherst. Robert B. Smith on brief for appellees Trustees of Boston University. Alan D. Rose, Alan D. Rose, Jr. and Rose & Associates on brief for appellees Trustees of the University of Pennsylvania. Donald K. Stern, United States Attorney, and John A. Capin, Assistant U.S. Attorney, on brief for appellee United States Department of Education.

June 21, 1999

Per Curiam. The judgment of dismissal is summarily affirmed on the ground that plaintiff has failed to state a claim. See Fed. R. Civ. P. 12(b)(6). We reject the assertion that the district court acted "prematurely," and we find in any event that plaintiff has had ample opportunity to set forth his allegations. Having scrutinized his various submissions, we agree, for the reasons enumerated by defendants and relied on by the district court, that dismissal was warranted. With all of plaintiff's well-pled factual averments accepted as true and with all reasonable inferences drawn in his favor, no basis for recovery has been established--whether under 42 U.S.C. 1983 or any of the other cited statutory provisions. See, e.g., Rockwell v. Cape Cod Hosp.,

(1st Cir. 1994); The Dartmouth Review v. Dartmouth College,

(1st Cir. 1989). Affirmed. See Loc. R. 27.1.