U.S. Court of Appeals for the Fourth Circuit, 2003

Israel v. Director, Virginia Department of Corrections

Israel v. Director, Virginia Department of Corrections
U.S. Court of Appeals for the Fourth Circuit · Decided March 12, 2003 · Widener, Motz, Hamilton
59 F. App'x 572

Israel v. Director, Virginia Department of Corrections

Opinion

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 *573 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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