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82 F3d 403 Concepcion v. Administracion De Correccion

82 F.3d 403

Maximiliano Amparo CONCEPCION, Plaintiff, Appellant,
v.
ADMINISTRACION DE CORRECCION, Defendants, Appellees.

No. 96-1176.

United States Court of Appeals, First Circuit.

April 23, 1996.

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector M. Laffitte, U.S. District Judge ]

Maximiliano Amparo Concepcion on brief pro se.

D. Puerto Rico

VACATED.

Before TORRUELLA, Chief Judge, STAHL and LYNCH, Circuit Judges.

Per Curiam.

1

We agree with the district court that plaintiff's allegations with respect to his dental treatment were insufficient to state a constitutional claim, and we affirm the dismissal of that claim. Plaintiff also contended, however, that the correctional facility has no law library and outlined a denial of access to courts claim. The district court did not address this claim when it dismissed plaintiff's action. We conclude that plaintiff stated enough to survive a sua sponte dismissal of the access to courts claim and therefore vacate the judgment of dismissal and remand for further consideration of the access to courts claim.

2

Vacated and remanded.