
USCA1 Opinion

	




          July 18, 1996         [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-1354                  RICHARD A. COLE, AND RICHARD A. COLE, M.D., INC.,                               Plaintiffs, Appellants,                                          v.             ERNEST J. DISANTIS, JR., FORMER U.S. ATTORNEY, WESTERN, PA.,                                Defendants, Appellees.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                   [Hon. Douglas P. Woodlock, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                Selya, Cyr and Boudin,                                   Circuit Judges.                                   ______________                                 ____________________            Richard A. Cole, M.D. F.A.C.P. on brief pro se.            ______________________________                                 ____________________                                 ____________________                      Per Curiam.  Having carefully  reviewed the record,                      __________            appellant's   brief,  and  appellees'   motions  for  summary            disposition,  we  affirm  the  order  of  dismissal  and  the            injunction  for the reasons stated by the district court.  We            add only these comments.                      Because appellant did not  offer any showing that a            transfer would  be in  the interest  of justice, we  conclude            that the  district  court did  not  abuse its  discretion  in            failing to order one under 28  U.S.C.   1406(a).  See Cote v.                                                              ___ ____            Wadel, 796 F.2d  981, 984  (7th Cir. 1986);  Dubin v.  United            _____                                        _____     ______            States, 380 F.2d  813, 816 (5th Cir. 1967)(it is  not "in the            ______            interest  of justice" to use   1406(a) to "aid a non-diligent            plaintiff who knowingly files a case in the wrong district");            see also Mulcahy v. Guertler, 416 F.Supp. 1083, 1086 (D.Mass.            ________ _______    ________            1976).                      With respect to the injunction, the  district court            made adequate findings that appellant's many improper filings            in Massachusetts  were an  abuse of process  causing needless            expense  and  inconvenience.   The  injunction  concerns only            filings  against  the  federal  defendants  in  Massachusetts            district  court, and  it  allows appellant  to  apply to  the            district court for  leave to  file claims upon  a showing  of            personal  jurisdiction, proper  venue, and  merit.   In these            circumstances,  we perceive  no abuse  of discretion  in this            limitation on  appellant's future filings.   See Pavilonis v.                                                         ___ _________                                         -2-            King,  626 F.2d 1075, 1079 (1st Cir.), cert. denied, 449 U.S.            ____                                   ____________            829 (1980); cf. Cok v. Family Court of Rhode Island, 985 F.2d                        ___ ___    ____________________________            32, 34 (1st Cir. 1993).                       Affirmed.  See 1st Cir. Loc. R. 27.1.                      ________   ___                                         -3-
