West v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6858 FRANK ROBERT WEST, JR., Petitioner - Appellant, Versus RONALD ANGELONE, Director, Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-98-160-AM) Submitted: October 8, 1998 Decided: Octcober 26, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Frank Robert West, Jr., Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Frank West appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Inmates have no protected liberty interest in remaining in or being assigned to a particular good conduct allowance level,* and thus West was not entitled to a due process hearing prior to the change in his good conduct status. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. West v. Angelone, No. CA-98-160-AM (E.D. Va. Feb. 4, 1998). 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. DISMISSED * See James v. Robinson, 863 F. Supp. 275 (E.D. Va.), aff’d, 45 F.3d 426 (4th Cir. 1994) (unpublished). 2