UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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