USCA1 Opinion

April 11, 1995

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 94-1480
DENNIS SIROIS,
Plaintiff, Appellant,
v.
MAINE STATE PRISON, ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Morton A. Brody, U.S. District Judge]
___________________
____________________
Before
Cyr, Boudin and Stahl,
Circuit Judges.
______________
____________________
Dennis Sirois on brief pro se.
_____________

____________________

____________________

Per Curiam.
__________

Dennis

28 U.S.C.

Sirois appeals the

pursuant

to

alleging

constitutionally deficient medical

suit under 42 U.S.C.

1915(d)

of

his pro
___

dismissal

se complaint
__

treatment.

His

1983 -- against the prison entity, its

warden and deputy warden, a medical administrator, a John Doe

nurse,

and the entire medical staff at the prison -- alleged

various instances

of failure

Specifically, Sirois
treat

an

medication

abscess

to provide

medical treatment.

claimed that the defendants

that

administered on

resulted
March

from
2, 1994.

an

refused to

injection
The

of

complaint

sought declaratory and injunctive relief, as well as monetary

damages.

The magistrate-judge recommended that the complaint

be dismissed as frivolous.
court

adopted the

Sirois objected, but the district

recommended

decision

and dismissed

the

complaint.
Although
dismissing the
Sirois'

the

district

court

may have

complaint as frivolous under

claims

are

at

least

Williams, 490 U.S. 319,

________

arguable,

erred

in

1915(d) since
see
___

Neitzke
_______

v.

327-28 (1989), we nonetheless affirm

on the basis

that the

error was harmless.

Inv. Co. v.
_________

Commissioner, 311
____________

U.S. 55,

See J.E. Riley

___ ___________
59 (1940);

Doe v.
___

Anrig, 728 F.2d 30, 32 (1st Cir. 1984).

_____
To state a cognizable Eighth
on

medical mistreatment,

omissions

sufficiently

indifference to

"a

Amendment claim based

prisoner must

harmful

to

serious medical needs."

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allege acts

evidence

or

deliberate

Estelle v. Gamble,
_______
______

429 U.S. 97, 106 (1976).

us

that Sirois has

Our review of

not alleged medical

the record satisfies

needs of sufficient

seriousness to warrant Eighth

Amendment scrutiny.

Hudson v.
______

McMillian,
_________

1000

condition

suffered

112 S.

as a result of

relatively minor.
Sirois
well

Ct.

995,

(1992).

The

the injection appears

There are

no allegations

to have been
of fever,

and

was vague about the severity and duration of pain, as

as

the

number of

treatment

acknowledged that the condition

of this
treating

requests

decision as

objections

to

the

satisfaction.

magistrate's

amendments, we are persuaded

is

Even

recommended

that the complaint

failed to state a cognizable Eighth Amendment claim.

Affirmed.
Affirmed.
________

It

was treated after the filing

complaint, seemingly to Sirois'

his

made.

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