Cicoria v. Cushwa, (4th Cir. 2000)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7688 ANTHONY CICORIA, Petitioner - Appellant, versus

PATRICIA K. CUSHWA, Chairperson, Maryland Pa-

role Commission, Respondent - Appellee. Appeal from the United States District Court for the District of

Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA-

-2364-S)

Submitted: March 23, 2000 Decided: March 30, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James K. Green, West Palm Beach, Florida, for Appellant. John

Joseph Curran, Jr., Attorney General, Rachel Marblestone Kamins,

OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* Although the district court’s order is marked as “filed” on November 16, 1999, the district court’s records show that it was

entered on the docket sheet on November 17, 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 PER CURIAM:

Anthony Cicoria seeks to appeal the district court’s order

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

4 & 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

Cicoria v. Cushwa

, No. CA-99- 2364-S (D. Md. Nov. 17, 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

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