
    Ostap KAPELIOUJNYI, Plaintiff-Appellant v. Warden K. DIXON, Dalby Correctional Facility; Warden L. Bond, Programs Warden at Dalby; H. Bryan, Security Warden at Dalby; Captain E. Mathis, at Dalby; F. Postel, Programs Manager at Dalby; M. Cruise, Librarian at Dalby; John and Jane Doe, known and unknown, As Employees and in their individual capacities; Management and Training Corporation, Manages Dalby Correctional Facility and employs all Defendants named above, Defendants-Appellees.
    No. 10-10298.
    United States Court of Appeals, Fifth Circuit.
    March 15, 2011.
    Ostap Kapelioujnyi, Milan, NM, pro se.
    Before JONES, Chief Judge, BENAVIDES and STEWART, Circuit Judges.
   PER CURIAM:

Appellant Ostap Kapelioujnyi is a federal prisoner who at one time was housed at the Giles W. Dalby Correctional Facility (the Dalby Facility) in Post, Texas. Appellant brought a suit pursuant to 42 U.S.C. § 1983, claiming his constitutional rights had been violated at the Dalby Facility. The court below characterized his claim as a Bivens claim and dismissed his constitutional claims and declined to exercise supplemental jurisdiction over the state law claims complained of by Appellant.

On appeal, Appellant contends that the district court erred in characterizing his claim as a Bivens claim, asserting that he has properly stated a claim under § 1983; or in the alternative, he has made a proper complaint under Bivens. Whether or not Appellant’s claim is properly viewed as a Bivens claim or a § 1983 claim, we find no error in the decision of the district court to dismiss for failure to state a claim upon which Appellant can recover. Accordingly, the judgment of the district court is AFFIRMED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     
      
      . Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).
     