U.S. Court of Appeals for the Fourth Circuit, 2000

Younie v. Kupec

Younie v. Kupec
U.S. Court of Appeals for the Fourth Circuit · Decided September 29, 2000

Younie v. Kupec

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-7063

WALTER ALBERT YOUNIE, Petitioner - Appellant, versus

ROBERT KUPEC, Warden; 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-00- 1964-AMD)

Submitted: September 21, 2000 Decided: September 29, 2000

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Walter Albert Younie, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Walter Albert Younie seeks to appeal the district court’s orders denying relief on his petition filed under 28 U.S.C.A.

§ 2254 (West 1994 & Supp. 2000) and denying his motion for reconsideration. 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 reasoning of the district court. See Younie v. Kupec, No. CA-00- 1964-AMD (D. Md. July 3 & July 13, 2000).* 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 12, 2000, the district court’s records show that it was entered on the docket sheet on July 13, 2000. 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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