Fordham v. Greene ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7750
KEITH FORDHAM,
Petitioner - Appellant,
versus
FRED GREENE, Warden, Mecklenberg Correctional
Center, Boydton, Virginia 23917,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-98-119-3)
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Affirmed by unpublished per curiam opinion.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. Mark L. Earley, Attorney General,
Christopher G. Hill, Assistant Attorney General, Richmond, Vir-
ginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith Fordham appeals from 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). Consequently, we af-
firm. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
2