
USCA1 Opinion

	




          November 17, 1993     [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ___________________          No. 93-1987                                             HERBERT F. MILLETTE,                                Plaintiff, Appellant,                                          v.             BRUCE WRIGHT, SUPERVISOR AT THE N.H. STATE PRISON RECREATION                                     DEPARTMENT,                                 Defendant, Appellee.                                  __________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF NEW HAMPSHIRE                    [Hon. Joseph A. DiClerio, U.S. District Judge]                                              ___________________                                 ___________________                                        Before                                 Breyer, Chief Judge,                                         ___________                        Torrruella and Selya, Circuit Judges.                                              ______________                                 ___________________               Herbert F. Millette on brief pro se.               ___________________                                  __________________                                  __________________                      Per Curiam.       We  agree with  the  magistrate's                      __________            report  that the  "Weight Club  Contract" does  not create  a            liberty interest, that  plaintiff has no liberty  interest in            using the  weight room, and  that consequently the  state was            not required to accord plaintiff procedural protection before            barring him from the weight  room.  Plaintiff failed to state            a federal claim.   The action was properly dismissed.                      Affirmed.                      ________                                         -2-
