Thaddeus Swindler v. Martin McDade

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7084
THADDEUS SWINDLER,
Petitioner - Appellant,
versus
MARTIN MCDADE,
Respondent - Appellee.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. Russell A. Eliason, Magistrate
Judge. (CA-01-18-1)
Submitted: October 17, 2001 Decided: November 7, 2001
Before NIEMEYER and WILKINS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Thaddeus Swindler, Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Thaddeus Swindler, III, seeks to appeal the magistrate judge’s
orders denying his 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001)
petition and his motions to reconsider that order. Although
Swindler’s § 2254 petition was untimely, the magistrate judge
denied relief on the merits. Because Swindler filed his § 2254
petition beyond the AEDPA’s one-year limitations period, we deny a
certificate of appealability and dismiss the appeal on modified
grounds that Swindler’s § 2254 petition was untimely. See 28
U.S.C.A. §§ 2244(d)(1) (West Supp. 2001). 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

-- 2 of 2 --