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McBride v. Angelone, 99-7155 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 99-7155 Visitors: 13
Filed: Jul. 20, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7155 JOSEPH FRANKLIN MCBRIDE, II, Petitioner - Appellant, versus RON ANGELONE, Director of the Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis- trict Judge. (CA-98-602-AM) Submitted: June 20, 2000 Decided: July 20, 2000 Before WILKINS, LUTTIG, and MOTZ, Circuit Judges. Dismissed by unpublished
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 99-7155



JOSEPH FRANKLIN MCBRIDE, II,

                                           Petitioner - Appellant,

          versus


RON ANGELONE, Director of the Department of
Corrections,

                                            Respondent - Appellee.



Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis-
trict Judge. (CA-98-602-AM)


Submitted:   June 20, 2000                 Decided:   July 20, 2000


Before WILKINS, LUTTIG, and MOTZ, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Joseph Franklin McBride, II, Appellant Pro Se. Donald Eldridge
Jeffrey, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Joseph Franklin McBride, II, appeals the district court’s

order denying relief on his petition filed under 28 U.S.C.A. § 2254

(West 1994 & Supp. 2000).   We have reviewed the record and the dis-

trict court’s opinion and find no reversible error.    Accordingly,

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court.   See McBride v. Angelone, No.

CA-98-602-AM (E.D. Va. July 29, 1999).*      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




     *
       Although the district court’s order is marked as “filed” on
July 28, 1999, the district court’s records show that it was
entered on the docket sheet on July 29, 1999. Pursuant to Rules 58
and 79(a) of the Federal Rules of Civil Procedure, it is the date
that the order was entered on the docket sheet that we take as the
effective date of the district court’s decision. See Wilson v.
Murray, 
806 F.2d 1232
, 1234-35 (4th Cir. 1986).


                                  2

Source:  CourtListener

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