Keselica v. Carcieri , 238 F. App'x 656 ( 2007 )

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 07-1195
MICHAEL G. KESELICA,
Plaintiff, Appellant,
v.
DONALD L. CARCIERI, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. William E. Smith, U.S. District Judge]
Before
Boudin, Chief Judge,
Torruella and Lipez, Circuit Judges.
Michael G. Keselica on brief pro se.
September 7, 2007
Per Curiam. Michael G. Keselica appeals the district
court's sua sponte dismissal of his civil rights complaint pursuant
to 28 U.S.C. § 1915(e)(2)(B)(ii). Having carefully reviewed the
record and appellant's submissions on appeal, we conclude that the
district court correctly determined that Keselica's claims
challenged the legality of his confinement and therefore were not
cognizable under 42 U.S.C. § 1983. See Wilkinson v. Dotson, 544
U.S. 74, 81-82 (2005); Preiser v. Rodriguez, 411 U.S. 475, 489-90
(1973) (challenge to fact or duration of confinement must be
through habeas corpus). Dismissal of the complaint was proper for
the reasons set forth in the magistrate judge's December 4, 2006,
Report and Recommendation, subsequently adopted by the district
court.
To the extent Keselica challenges the district court's
denial of leave to amend the complaint, no error is apparent
because the proposed amendments, which would have added claims
against Virginia officials and a demand for monetary damages, would
not have cured the deficiencies in the complaint. See Universal
Comm. Sys., Inc. v. Lycos, Inc., 478 F.3d 413, 418 (1st Cir. 2007);
Aponte-Torres v. University of Puerto Rico, 445 F.3d 50, 58 (1st
Cir. 2006). Further, contrary to Keselica's contention, appellees'
failure to file a brief on appeal does not amount to a waiver of
objections to Keselica's arguments. See Fed. R. App. P. 31(c).
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The judgment of the district court is affirmed. See 1st
Cir. Loc. R. 27.0(c). Keselica's "Application for Order Revoking
or Suspending Governor Donald Carcieri's Rendition Warrant" is
denied.
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