Hawkins v. Braxton ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7801
THOMAS HAWKINS,
Petitioner - Appellant,
versus
DANIEL BRAXTON, Warden, Buckingham Correction-
al Center,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-98-219)
Submitted: April 13, 1999 Decided: June 15, 1999
Before WILKINS, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan Stanley David, MORRISSEY, HERSHNER & JACOBS, Richmond,
Virginia, for Appellant. William W. Muse, Assistant Attorney Gen-
eral, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas Hawkins appeals from the portion of the district
court’s order finding that the appropriate statute under which to
review his action was 42 U.S.C.A. § 1983 (West Supp. 1998), rather
than 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We find that the
district court did not err by analyzing the action under § 1983.
See Roller v. Cavanaugh, 984 F.2d 120, 122 (4th Cir. 1993). Con-
sequently, we affirm. We dispense with oral argument because the
facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
AFFIRMED
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