Lillie Mae Bedney, Plaintiff-appellant, v. Tony Hagston, Federal Correctional Institution, Alderson,west Virginia, A.j. Kress, Lieutenant Perkins, Andulh, Awp, Defendants-appellees, 846 F.2d 69 (4th Cir. 1988)
Annotate this CaseLillie Mae Bedney, appellant pro se.
Before WIDENER, K.K. HALL, and JAMES DICKSON PHILLIPS, Circuit Court Judges.
PER CURIAM;
A review of the record and the district court's opinion discloses that this appeal from its order dismissing plaintiff's civil rights complaint as time barred is without merit.* Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. Bedney v. Hagston, C/A No. 87-997 (S.D.W. Va. Sept. 3, 1987).
AFFIRMED
Although filed under 42 U.S.C. § 1983, plaintiff's complaint, against federal defendants, is more properly construed under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). West Virginia's two-year personal injury limitations period applies in either cases to bar the action
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