USCA1 Opinion

June 23, 1993

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 93-1519
MARY SEUFERT FISCHER,
Plaintiff, Appellant,
v.
PHILLIP A. ROLLINS,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Rya W. Zobel, U.S. District Judge]
___________________
____________________
Before
Breyer, Chief Judge,
___________
Selya and Boudin, Circuit Judges.
______________
____________________
Mary Seufert Fischer on various motions pro se.

____________________

____________________
____________________

Per Curiam.
__________
denying
Fiore v.
_____

in forma

Plaintiff has appealed

pauperis status.

from an order

The appeal

is timely.

Washington County Community Mental Health Center,

__________________________________________________

960 F.2d 229, 234-35 (1st Cir. 1992).

We
financial
status1

bypass

condition
because

the

question

qualified

we

conclude

whether

her for
that

in

plaintiff's

forma

plaintiff's

"lacks an arguable basis

either in law or in fact."

v.

319,

Williams,
________

490

U.S.

plaintiff's action should be

325

(1989).

pauperis
complaint
Neitzke
_______

Consequently,

dismissed as frivolous under 28

U.S.C.

1915(d).

We explain briefly.

Plaintiff is
for damages
435

not entitled

against state court judges.

U.S. 349

(1978); Pierson
_______

(absolute judicial

v. Ray,
___

immunity).

of a jury

improperly

course

during

constitute, in

the

substance, a

proceedings,

which

jurisdiction to entertain.
U.S. 413 (1923);

386 U.S.

547 (1967)

allegations that

trial or otherwise

of

state

lower

acted

court proceedings

collateral attack on
a

her claim

Stump v. Sparkman,
_____
________

Plaintiff's

defendants deprived her

court

to relief on

federal

the state

court

lacks

Rooker v. Fidelity Trust Co., 263

______
__________________

Lancellotti v.
___________

Fay, 909 F.2d

___

15, 17

(1st

____________________
1. We note, however, that while the face of plaintiff's
financial affidavit suggested she owned a $165,000 home with
significant furnishings and had no debts or dependents, other
filings indicate that plaintiff lives in a shelter, has lost
the home and furnishings, and has very limited financial
resources.

Cir. 1990).

Plaintiff's Fourth Amendment

claim is barred by

the statute of limitations.

(1985);

Mass.

limitations).

G.L.

ch.

Wilson v. Garcia, 471

______
______
260,

2A

(3-year

U.S. 261

statute

of

Plaintiff's challenge to the constitutionality

of state statutes omitting the names of presidential electors

from

the ballot is legally meritless.

one

of the

Constitution authorizes

determine how presidential

does
if

Article two, section

a state

electors shall

legislature to

be appointed

and

not require the electors' names to appear on the ballot

the

names

president are
18, 4

of the

on the ballot.

N.E.2d 397

against

her

candidates

(1936).

ex-husband

for

president and

Hawke v. Myers, 132

_____
_____
And plaintiff's

must

be

dismissed

vice-

Ohio St.

contract action
for

lack

of

status

is

diversity jurisdiction.
The

order

denying

in

forma pauperis

summarily vacated pursuant to First Circuit Rule 27.1 and the

case

is remanded to

the district

dismiss the

action as frivolous

Appellant's

motion to

court with

under 28 U.S.C.

correct record

denied.
Vacated and remanded.
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directions to

and suspend

1915(d).
rules is

-3-