Israel v. Director, Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7836
JACOB ISRAEL, a/k/a John Langowski,
Petitioner - Appellant,
versus
DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-02-497-7)
Submitted: February 25, 2003 Decided: March 12, 2003
Before WIDENER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Jacob Israel, Appellant Pro Se. Richard Carson Vorhis, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jacob Israel appeals the district court’s order denying relief
under 28 U.S.C. § 2254 (2000) on his claim alleging the Virginia
Department of Corrections improperly classified him as ineligible
for parole under Virginia Code § 53.1-151(B1). Israel initially
filed his complaint under 42 U.S.C. § 1983 (2000). The district
court dismissed without prejudice and required that Israel file his
claim pursuant to 28 U.S.C. § 2254. Because Israel does not seek
release from custody, but rather seeks only a determination that he
should not have been classified as ineligible for parole, Israel’s
claim was properly brought under § 1983. See Strader v. Troy, 571
F.2d 1263, 1269 (4th Cir. 1978). The district court, however,
properly determined Israel’s claims were without merit because he
has the requisite prior felony convictions to be classified as
parole ineligible under Virginia law. We therefore affirm
substantially on the reasoning of the district court but modify to
reflect dismissal under § 1983 rather than § 2254. 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 AS MODIFIED
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