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Miles v. Cushwa, 99-7353 (1999)

Court: Court of Appeals for the Fourth Circuit Number: 99-7353 Visitors: 8
Filed: Dec. 22, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7353 KELVIN J. MILES, Petitioner - Appellant, versus PATRICIA K. CUSHWA, Parole Chairman; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA- 98-4057-S) Submitted: December 16, 1999 Decided: December 22, 1999 Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cui
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 99-7353



KELVIN J. MILES,

                                           Petitioner - Appellant,

          versus


PATRICIA K. CUSHWA, Parole Chairman; ATTORNEY
GENERAL OF THE STATE OF MARYLAND,

                                          Respondents - Appellees.



Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA-
98-4057-S)


Submitted:   December 16, 1999         Decided:     December 22, 1999


Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.


Dismissed by unpublished per curiam opinion.


Kelvin J. Miles, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

     Kelvin J. Miles seeks to appeal the district court’s order

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

1994 & Supp. 1999).   We have reviewed the record and the district

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

a certificate of appealability and dismiss the appeal on the rea-

soning of the district court. See Miles v. Cushwa, No. CA-98-4057-

S (D. Md. Sept. 20, 1999).*   We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.




                                                          DISMISSED




     *
       Although the district court’s order is marked as “filed” on
September 17, 1999, the district court’s records show that the
order was entered on the docket sheet on September 20, 1999.
Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil
Procedure, it is the date 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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