[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 98-2245

JOSE RAMIREZ,

Plaintiff, Appellant,

v.

DONALD W. WYATT DETENTION CENTER, OFFICER GIORGIO AND CORNELL CORRECTIONS, INC.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Mary M. Lisi, U.S. District Judge]

Before

Lynch, Circuit Judge, Bownes, Senior Circuit Judge, and Lipez, Circuit Judge.

Jose M. Ramirez on brief pro se. Michael C. Donahue, M. Christine Breslin and Gelerman, Cashman & Donahue on brief for appellees.

August 31, 1999

Per Curiam. Pro se plaintiff Jose Ramirez, a federal prisoner, appeals a district court judgment that dismissed his 42 U.S.C. 1983 complaint against Cornell Corrections, Inc. and its employee, officer Dino Giorgio, for the failure to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). Plaintiff has neither alleged nor argued that he lacks an adequate state law remedy; thus he may not maintain an action for the violation of his right to due process under the Fifth and Fourteenth Amendments. See, e.g., Romero-Barcelo v. Hernandez-Agosto,

(1st Cir. 1996); Watson v. Caton,

(1st Cir. 1993). His allegations also fall well short of stating a claim under the Eighth Amendment. See, e.g., Farmer v. Brennan,

(1994); Wilson v. Seiter,

(1991). Plaintiff has waived any Fourth Amendment claim by failing to argue same on appeal. The remaining arguments that appellant asserts on appeal are patently meritless. Accordingly, the judgment of the district court is affirmed. See Local Rule 27.1.