
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 97-1593                                HECTOR GUZMAN-RIVERA,                                Plaintiff, Appellant,                                          v.                   METROPOLITAN DETENTION CENTER, GUAYNABO, ET AL.,                                Defendants, Appellees.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF PUERTO RICO                   [Hon. Daniel R. Dominquez, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                 Selya, Circuit Judge,                                        _____________                           Campbell, Senior Circuit Judge,                                     ____________________                              and Lynch, Circuit Judge.                                         _____________                                 ____________________            Hector Guzman-Rivera on brief pro se.            ____________________            Guillermo Gil, United States Attorney, and Lilliam Mendoza Toro,            _____________                              ____________________        Assistant United States Attorney, on brief for appellee.                                 ____________________                                  November 12, 1997                                 ____________________                      Per Curiam.   After carefully reviewing  the record                      __________            and the briefs of  the parties, we affirm the judgment of the            district  court for  essentially the  reasons  stated in  its            Opinion  and Order,  dated  March  31, 1997.    We add  three            comments.                      First, most  of appellant's claims are moot because            he either has received what he wanted or because he no longer            is  subject  to  the conditions  about  which  he complained.            Thus, these issues  no longer are "live."   See New Hampshire                                                        ___ _____________            Right to Life  Political Action Comm. v. Gardner,  99 F.3d 8,            _____________________________________    _______            17  (1st  Cir.  1996).    Second, the  negligent  loss  of  a            prisoner's  property, such as  books, does not  implicate the            due  process  clause  and  thus  is not  enough  to  state  a            constitutional claim.   Daniels  v. Williams,  474 U.S.  327,                                    _______     ________            328, 332 (1986);  Del Raine v. Williford, 32  F.3d 1024, 1043                              _________    _________            (7th Cir. 1994) ("[t]he most  that the record here  discloses            with reference  to lost or taken books is possible negligence                                                      ________            and that is not enough for a constitutional claim").                      Finally, the  district  court  did  not  abuse  its            discretion in  not appointing counsel to represent appellant.            In  a civil  case, counsel is  required only  in "exceptional            circumstances."   DesRosiers v. Moran,  949 F.2d 15,  23 (1st                              __________    _____            Cir. 1991).   Because this  case did not involve  any complex            issues of law or fact, it did not present such circumstances.                                         -2-                      Affirmed.  See Local Rule 27.1.                      ________   ___                                         -3-
