U.S. Court of Appeals for the Fourth Circuit, 1999

Lukacs v. Shalala, Sec

Lukacs v. Shalala, Sec
U.S. Court of Appeals for the Fourth Circuit · Decided April 7, 1999

Lukacs v. Shalala, Sec

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-2621

FRANK PAUL LUKACS, Plaintiff - Appellant, versus

DONNA E. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES; HAROLD E. VARMUS, Doctor, Di- rector National Institute of Health; RICHARD CLAUSNER, Doctor, Director National Cancer Institute; BEVERLY LOTT WYATT, Chief, Research Contracts Branch, National Cancer Institute; DAVID SNIGHT, Chief, Research Contracts Branch, Division of Contracts and Grants, OA, OD, National Institute of Health; PHILIP AMORUSO, Executive Director, National Cancer Institute; MAXINE RICHARDSON, Equal Employment Opportunity Manager, National Cancer Insti- tute; MARIANNE WAGNER, Personnel Officer, Na- tional Cancer Institute; DIANE ARMSTRONG, Di- rector, Equal Employment Opportunity, National Institute of Health; JAMES KING, Director, Office of Personnel Management; SANDRA THOMAS, Equal Employment Opportunity Manager, National Cancer Institute, Defendants - Appellees.

No. 99-1108

FRANK PAUL LUKACS, Plaintiff - Appellant, versus

DONNA E. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES; HAROLD E. VARMUS, Doctor, Di- rector National Institute of Health; RICHARD CLAUSNER, Doctor, Director National Cancer Institute; BEVERLY LOTT WYATT, Chief, Research Contracts Branch, National Cancer Institute; DAVID SNIGHT, Chief, Research Contracts Branch, Division of Contracts and Grants, OA, OD, National Institute of Health; PHILIP AMORUSO, Executive Director, National Cancer Institute; MAXINE RICHARDSON, Equal Employment Opportunity Manager, National Cancer Insti- tute; MARIANNE WAGNER, Personnel Officer, Na- tional Cancer Institute; DIANE ARMSTRONG, Di- rector, Equal Employment Opportunity, National Institute of Health; JAMES KING, Director, Office of Personnel Management; SANDRA THOMAS, Equal Employment Opportunity Manager, National Cancer Institute, Defendants - Appellees.

Appeals from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA- 96-2913-PJM)

Submitted: March 16, 1999 Decided: April 7, 1999

Before WIDENER and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Frank Paul Lukacs, Appellant Pro Se. George Levi Russell, III, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Frank Paul Lukacs appeals the district court’s orders denying several of his pending motions (No. 98-2621) and granting Defen- dants’ motion to dismiss and for summary judgment (No. 99-1108).

We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm both orders on the reasoning of the district court. Lukacs v. Shalala, No. CA-96- 2913-PJM (D. Md. Oct. 21, 1998;* Nov. 17, 1998). We deny Lukacs’ motion for a stay pending appeal. We grant Lukacs’ motion to file a supplement to his informal brief. 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.

AFFIRMED

* Although the district court’s order is marked as “filed” on October 19, 1998, the district court’s records show it was entered on the docket sheet on October 21, 1998. 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).

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