Parmaei v. Smith

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7544

KHOSROW PARMAEI,

Petitioner - Appellant,

versus

CHRISTIANE N. SMITH, Administratrix of the Estate of Meg N. Parmaei, deceased,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:06-cv-00224)

Submitted: May 31, 2007 Decided: June 4, 2007

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Khosrow Parmaei, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Khosrow Parmaei appeals the district court’s order

denying relief sought under 28 U.S.C. § 2254 (2000). This code

provision permits state prisoners to challenge the

constitutionality of their incarceration. The district court

properly found that Parmaei’s action, which challenged a state

court’s civil judgment against him in a wrongful death case, was

unrelated to Parmaei’s custody status and was not properly

characterized as a habeas action. Accordingly, we deny his motion

to prepare a trial transcript at Government expense and affirm for

the reasons stated by the district court. Parmaei v. Smith, No.

1:06-cv-00224 (W.D.N.C. Aug. 3, 2006). 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

- 2 -