Parmaei v. Smith

Filing 920070604


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7544 KHOSROW PARMAEI, Petitioner - Appellant, versus CHRISTIANE N. SMITH, Administratrix of the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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). provision permits state prisoners to This code the challenge 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. 1:06-cv-00224 (W.D.N.C. Aug. 3, 2006). Parmaei v. Smith, No. 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 -

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