Not for Publication in West's Federal Reporter Citation Limited Pursuant to lst Cir. Loc. R. 32.3

United States Court of Appeals For the First Circuit

No. 02-1399

OSCAR DIAZ,

Plaintiff, Appellant,

v.

FEDERAL BUREAU OF PRISONS,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Patti B. Saris, U.S. District Judge]

Before

Selya, Lynch and Howard, Circuit Judges.

Oscar Diaz on brief pro se. Michael J. Sullivan, United States Attorney, and Nancy Rue, Assistant U.S. Attorney, on brief for appellee.

January 24, 2003 Per Curiam. Upon de novo review of the district court

judgment in light of the parties' arguments and the record on

appeal, we affirm the summary judgment substantially for the

reasons set forth in the magistrate judge's report of December 20,

2001 and the district judge's order of February 7, 2002.

Appellant's additional assignments of error relating to the in

camera inspection of the tape recording and proof of its

authenticity, and the court's interpretation of appellant's

pleading, are meritless.

Appellant's letter motion requesting a copy of the tape

recording is dismissed as moot.

Affirmed.

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