Lefaivre v. Francis

U.S. Court of Appeals for the Fourth Circuit

Lefaivre v. Francis

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7320

JAMES MICHAEL LEFAIVRE,

Petitioner - Appellant,

versus

ALEXANDER M. FRANCIS; ATTORNEY GENERAL FOR THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-99- 2112-AMD)

Submitted: November 18, 1999 Decided: November 24, 1999

Before WILKINS, HAMILTON, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Michael Lefaivre, Appellant Pro Se. Ann Norman Bosse, Jason Trumpbour, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

James Michael Lefaivre appeals the district courts 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 Lefaivre v. Francis, No. CA-99-

2112-AMD (D. Md. Aug. 31, 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 August 27, 1999, the district court’s records show that it was entered on the docket sheet on August 31, 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

Reference

Status
Unpublished