UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6695
JEREMIAH ROYSTER,
Petitioner - Appellant,
versus
ERNEST SUTTON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-03-260-5-BO)
Submitted: September 10, 2003 Decided: November 10, 2003
Before WIDENER, WILKINSON, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jeremiah Royster, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeremiah Royster appeals the district court’s order denying
relief on Royster’s action, which Royster captioned as a 28 U.S.C.
§ 2254 (2000) petition but which, based on the nature of Royster’s
claims, the district court properly construed as a civil rights
action. We have reviewed the record and find no reversible error,
although we note that in light of Royster’s status as a state
prisoner, his civil rights claims arise under 42 U.S.C. § 1983
(2000), rather than Bivens v. Six Unknown Named Agents of Fed.
Bureau of Narcotics, 403 U.S. 288 (1971). See Preiser v. Rodriquez,
411 U.S. 475, 499 (1973). Accordingly, we affirm the district
court’s order. See Royster v. Sutton, No. CA-03-260-5-BO (E.D.N.C.
April 17, 2003). We deny Royster’s motion for a certificate of
appealability as unnecessary to our consideration of this appeal.
See 28 U.S.C. § 2253(c)(1)(A) (2000). 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
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