Filed: Mar. 31, 2000
Latest Update: Feb. 21, 2020
Summary: STATE OF RHODE ISLAND;and Lipez, Circuit Judge.relief against named defendants under 42 U.S.C. § 1983.corpus.1 Heck, 512 U.S. at 487.1, In a separate order issued today, this court also denies a, certificate of appealability to challenge the dismissal of, plaintiff's habeas petition.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 99-1563
GERALD M. BROWN, JR.,
Plaintiff, Appellant,
v.
STATE OF RHODE ISLAND; ANTHONY CAPRARO,ESQ.; JEFFREY B. PINE;
DAVID MORROWITZ, ESQ.; TERRANCE LIVINGSTON, ESQ.; STEVEN
NUGENT,
ESQ.; GEORGE A. VOSE,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ronald R. Lagueux, U.S. District Judge]
Before
Selya, Circuit Judge,
Cyr, Senior Circuit Judge,
and Lipez, Circuit Judge.
Gerald M. Brown, Jr. on brief pro se.
Sheldon Whitehouse, Attorney General, and Elisabeth A.
Wallace, Special Assistant Attorney General, on Memorandum in
Support of their Motion to Dismiss or to Summarily Affirm the
Judgment Below, for appellees.
March 24, 2000
Per Curiam. After the district court denied his
petition for habeas corpus relief from his conviction, state
prisoner Brown filed a complaint attacking the same
conviction by seeking damages, declaratory and injunctive
relief against named defendants under 42 U.S.C. § 1983.
Following a hearing on defendants' motion to dismiss, the
magistrate recommended a dismissal and the district court
agreed. Plaintiff appeals.
Reviewing the dismissal de novo, we affirm. Habeas
corpus is the exclusive avenue of relief for a state prisoner
seeking release from confinement, so plaintiff's claims for
injunctive relief must be dismissed. Heck v. Humphrey, 512
U.S. 477, 480 (1994) (explaining Preiser v. Rodriguez,
411
U.S. 475 (1973)). The claims for declaratory relief and
damages also must be dismissed because the judgment plaintiff
seeks "would necessarily imply the invalidity of his
conviction," and he has not demonstrated that the conviction
has been invalidated by any proper state authority or
tribunal, nor has he obtained a federal writ of habeas
corpus.1
Heck, 512 U.S. at 487.
1
In a separate order issued today, this court also denies a
certificate of appealability to challenge the dismissal of
plaintiff's habeas petition.
We need not reach the merits of the claims because
this suit is not cognizable in federal court. White v.
Gittens, 121 F.3d 803, 805 (1st Cir. 1997). The judgment is
affirmed but modified to reflect that the dismissal is
without prejudice.
Id. at 806. Appellant's "motion to
produce" is denied.
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