Professional Documents
Culture Documents
February 9, 1996
____________________
No. 95-2194
RONALD L'HEUREUX,
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
____________________
____________________
Per Curiam.
__________
Appellant Ronald
L'Heureux, an inmate
42 U.S.C.
The
complaint,
the
besides
naming
the
references
to
the
parties
and
citing
nature
of
appellant's
claims.
It
officials)
manufactured
appellant,
(2)
disciplinary
appellant spent
120
proceedings
days
against
in lock-up,
(3)
and
retaliation.
"the
allegations are
cause of action."
defendants.
insufficient
to set
federal
Thus, the
forth a
1915(d).
the
We construe this as
and
a motion to reconsider
status.
the events
The amended
upon
which
the denial of
in forma pauperis
_________________
appellant
based the
these motions.
-2-
action.
The
appellant
now
requests
permission
to
proceed
in forma
_________
pauperis on appeal.
________
notice
have
an opportunity to
amend.
See
___
the
importance of
providing
opportunities
for
responsive
pleadings
to
indigent
litigants
commensurate
Street
______
v. Fair,
____
curiam)
be
918
F.2d 269,
273
to
the
paying litigants);
(1st Cir.
1990)
(per
chance
to
supplement
dismissal
on
allegations
his
or her
the merits).
in the
allegations
Particularly
amended
complaint, we
before
in view
of
cannot say
any
the
that
In
alleges
acting
the
that
amended complaint,
prison officials
as a jail-house lawyer.
recognized such
claims.
appellant specifically
retaliated
against him
This court
for
v. Hall,
____
610
F.2d
result
himself
asserted that as a
and others,
Gibbs
_____
v.
Hopkins,
_______
he
was transferred
to another
prison
10
F.3d
-3-
373,
378
(6th
Cir.
1993)
(government
official
may
segregation
against
an
not
retaliate
inmate
who
by
the
engages
use
in
of
the
constitutionally protected
conduct of assisting
others as a
jail-house
v. Dawson,
______
527, 531-32
lawyer); Rizzo
_____
claim
for
retaliatory
goals).
not
violation
act
did
778 F.2d
of
the
First
not
advance
Amendment
stated a
where
the
legitimate institutional
clear
disciplinary
whether
appellant's
proceedings,
such
activities
an
omission
triggered
goes
to
the
the
See Leonardo v.
___ ________
Moran, 611 F.2d 397, 398 (1st Cir. 1979) (plaintiff failed to
_____
state
and
that
denied access to
"but for"
transferred).
implicate
grievances,
Appellant's
transferred to
and for
the
the courts;
he
would
allegations
not
that
his activities
the
plaintiff failed
as a jail-house
First
Amendment
to show
have
been
he
was
of legal mail
lawyer sufficiently
and
overcome
the
forma pauperis
______________
on appeal,
judgment of
-4-
the elements
not depend
further proceedings.
of a viable
merely on
retaliation claim.
vague
See
___
appellant to
Appellant may
and general
allegations.
See
___
514-15 (1st
Cir.
1988).
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