
USCA1 Opinion

	




          August 18, 1994                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 94-1050                               CLIFFORD E. AVERY, SR.,                                Petitioner, Appellant,                                          v.                COMMISSIONER NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS,                                Respondent, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF NEW HAMPSHIRE                   [Hon. Steven, J. McAuliffe, U.S. District Judge]                                               ___________________                                 ____________________                                        Before                               Torruella, Chief  Judge,                                          ____________                             Selya and Stahl,Circuit Judges.                                             ______________                                 ____________________            Clifford E. Avery, Sr., on brief pro se.            _____________________            Jeffrey  R.  Howard,   Attorney  General,  and  John  A.   Curran,            ___________________                             _________________        Assistant Attorney General, on brief for appellee.                                 ____________________                                 ____________________                 Per Curiam.   Petitioner Clifford E.  Avery, Sr. appeals                 __________            the dismissal  by the  United States District  Court for  the            District  of New Hampshire of  his application for  a writ of            habeas corpus.  28 U.S.C.   2254.  We have reviewed carefully            the  record  in  this   case,  including  the  transcript  of            petitioner's trial  for first degree murder,  the opinion and            order of the  district court,  and the parties'  briefs.   We            affirm the dismissal essentially for the reasons given by the            district court in its  opinion and order dated September  29,            1993.
