Montford v. Hutchinson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6087 THOMAS E. MONTFORD, Petitioner - Appellant, versus RONALD HUTCHINSON, Warden, Maryland House of Corrections; J. JOSEPH CURRAN, JR., Maryland State Attorney General, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-99- 2793-MJG) Submitted: March 23, 2000 Decided: March 31, 2000 Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas E. Montford, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Thomas E. Montford seeks to appeal the district court's order denying his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999), as time-barred. We have reviewed the record and the district court's opinion and find no reversible error. According- ly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Montford v. Hutchin- son, No. CA-99-2793-MJG (D. Md. Dec. 3, 1999).* We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. DISMISSED * Although the district court’s judgment is marked as “filed” on December 2, 1999, the district court’s records show that the judgment was entered on the docket sheet on December 3, 1999. Pursuant to Fed. R. Civ. P. 58 and 79(a), we consider the date the judgment was entered as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2