United States First Circuit

District court's dismissal of plaintiff's amended complaint arising from a denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff's claim that his visa was improperly denied as he failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff's Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff's motion to file a second amended complaint as it would have been futile.

Appellate Information

• Decided 09/28/2009
• Published 09/28/2009

Judges

• DYK, Circuit Judge., Before BOUDIN, SELYA, and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Dean Carnahan, for appellant.


• For Appellees:
  
• Anton P. Giedt, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellees.