Parmaei v. Smith

Filing 3

ORDER DISMISSING CASE. Signed by Judge Graham Mullen on 8/3/06. (jhg)

Parmaei v. Smith

Doc. 3

Case 1:06-cv-00224-GCM

Document 3

Filed 08/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:06CV224-MU-02

KHOSROW PARMAEI, Petitioner,

) ) ) v. ) ) CHRISTINE S. SMITH, Ad- ) ministratrix of the ) Estate of Meg M. Par- ) maei, deceased, ) Respondent. ) _________________________)

ORDER

THIS MATTER comes before the Court on the petitioner's formPetition for a Writ of Habeas Corpus under 28 U.S.C. §2254, filed July 28, 2006. As best as can be understood from the instant Petition, the petitioner is seeking to challenge a civil judgment which was entered against him in a wrongful death action. In particular,

the subject Petition reflects that the petitioner was found liable in a wrongful death action which was tried in the civil division of the Superior Court of Buncombe County; that he was ordered to pay a civil judgment of one million dollars; and that he believes that his rights under the North Carolina Rules of Civil Procedure were violated because his request for a jury trial was not honored.

Dockets.Justia.com

Case 1:06-cv-00224-GCM

Document 3

Filed 08/03/2006

Page 2 of 2

However, as is obvious from the above, the petitioner has failed to state a constitutional claim under 28 U.S.C. §2254. To put it simply, the petitioner's allegations do not relate to the fact or duration of his confinement. Thus, inasmuch as §2254

provides a means for seeking a federal remedy based upon challenges of unlawfully obtained or imposed criminal convictions or sentences, the petitioner cannot proceed with this action. Therefore, the petitioner's Petition will be DISMISSED for his failure to state a cognizable claim for relief therein. SO ORDERED.

Signed: August 3, 2006

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