Appellant Ostap Kapelioujnyi is a federal prisoner who at one time was housed at the Giles W. Dalby Correctional Facility (the Dalby Facility) in Post, Texas. Appellant brought a suit pursuant to 42 U.S.C. § 1983, claiming his constitutional rights had been violated at the Dalby Facility. The court below characterized his claim as a Bivens claim 1 and dismissed his constitutional claims and declined to exer *302 cise supplemental jurisdiction over the state law claims complained of by Appellant.

On appeal, Appellant contends that the district court erred in characterizing his claim as a Bivens claim, asserting that he has properly stated a claim under § 1983; or in the alternative, he has made a proper complaint under Bivens. Whether or not Appellant’s claim is properly viewed as a Bivens claim or a § 1983 claim, we find no error in the decision of the district court to dismiss for failure to state a claim upon which Appellant can recover. Accordingly, the judgment of the district court is AFFIRMED.