[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 00-1572

DAVID MICHAUD,

Plaintiff, Appellant,

v.

WAYNE PERREAULT, INDIVIDUAL AND OFFICIAL CAPACITIES; MICHAEL MCQUADE, INDIVIDUAL AND OFFICIAL CAPACITIES; CITY OF ROCHESTER,

Defendants, Appellees.

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 Boudin, Circuit Judges.

David Michaud on brief pro se. Donald E. Gardner and Devine, Millimet & Branch on brief for appellees.

December 11, 2000 Per Curiam. Pro se appellant David Michaud appeals

from the dismissal of his complaint under

for failure to state a claim. In a report and

recommendation dated March 8, 2000, a magistrate judge

recommended dismissal on the ground that the claims were

untimely. See 28 U.S.C. § 1915A(a) & (b) (providing for

preliminary review of prisoner complaints against government

officers or employees and for dismissal if they fail to

state a claim for relief). After reviewing an objection

filed by appellant, the district court approved the

recommendation in an order dated March 20, 2000, and

dismissed the complaint. We have carefully reviewed the

record and the parties' arguments and affirm substantially

for the reasons given in the magistrate judge's report,

which was accepted by the district court, and in the

appellees' brief.1 On appeal, appellant alleges that state

courts fraudulently concealed information from him,

contending, apparently, that he would have timely discovered

his claims if he had received the information in question.

1We note that, given the early dismissal of the complaint, appellees were never served with process in the district court. After being notified of the appeal, however, they filed a brief and appendix. We deny appellant's motion to strike the brief and appendix.

-2- But his allegations and the materials he submitted in

support thereof do not show any misconduct by the courts or

any other basis for finding his claims to be timely.

Affirmed. See Loc. R. 27(c).

-3- [cc: Mr. Michaud, Mr. Gardner, Certified Copies to:

Honorable Steven J. McAuliffe, Mr. Starr, Clerk, U.S.

District Court of New Hampshire.]

-4-