West v. Angelone

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 26, 1998
• Docket: 98-6858
• Status: Unpublished

Opinion

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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* See James v. Robinson, 863 F. Supp. 275 (E.D. Va.), aff’d, 45 F.3d 426 (4th Cir. 1994) (unpublished).