
USCA1 Opinion

	




          May 28, 1993          [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ___________________          No. 92-2320                                              CHESTER P. SOLING,                                Plaintiff, Appellant,                                          v.                              NICHOLAS F. BRADY, ET AL.,                                Defendants, Appellees.                                  __________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                    [Hon. Frank H. Freedman, U.S. District Judge]                                             ___________________                                 ___________________                                        Before                                 Breyer, Chief Judge,                                         ___________                          Torruella and Cyr, Circuit Judges.                                             ______________                                 ___________________               Chester P. Soling on brief pro se.               _________________               A.  John Pappalardo,  United States  Attorney, and  Karen L.               ___________________                                 ________          Goodwin, Assistant U.S. Attorney, on brief for appellees.           _______                                  __________________                                  __________________                 Per Curiam.  Plaintiff Chester P.  Soling appeals from a                 __________            district court order dismissing his complaint  against former            Treasury Secretary Nicholas Brady  for lack of subject matter            jurisdiction.1  Soling's  complaint alleged that  the Federal            Express Company  refused to  service him  because he  did not            have a credit card and that he was denied the use of New York            City's transit system because he did not have exact change or            tokens.    The  complaint  sought a  judgment  requiring  the            Treasury  Department to  honor the  pledge appearing  on U.S.            bills  (i.e.  - "This  note is  legal  tender for  all debts,            public and private").    We   have  carefully   reviewed  the            record and the parties' briefs on appeal.  We  agree that the            district  court properly  dismissed this  action for  lack of            subject matter jurisdiction, there being no applicable waiver            of sovereign immunity  to support the plaintiff's  complaint.            See Coggeshall  Development Corp.  v. Diamond, 884  F.2d (1st            ___ _____________________________     _______            Cir. 1989).  Cf.  Nemser v. New York City  Transit Authority,                         ___  ______    ________________________________            530  N.Y.S. 2d  493,  494  (Sup.  1988).    Accordingly,  the            judgment of the district court is affirmed.                                               ________                                            ____________________            1.  The complaint also named  as defendants the United States            Treasury   Department   and   Treasurer    Catalina   Vasquez            Villalpando.                                         -2-
