Thomas Andrew Scott v. RONALD J. ANGELONE, Director of Department of Corrections

99-6866Court of Appeals for the Fourth CircuitJun 21, 2000

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6866
THOMAS ANDREW SCOTT,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of Department of
Corrections; VIRGINIA PAROLE BOARD,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge.
(CA-99-416-AM)
Submitted: May 19, 2000 Decided: June 21, 2000
Before MURNAGHAN and KING, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Thomas Andrew Scott, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Thomas Andrew Scott seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 2000). 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 substantially
on the reasoning of the district court. See Scott v. Angelone, No.
CA-99-416-AM (E.D. Va. May 28, 1999). We conclude the one year
limitations period of 28 U.S.C.A. § 2244(d) (West Supp. 2000)
lapsed before Scott’s May 12, 1998 filing for state post-conviction
relief; therefore, no portion of the limitations period was tolled.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED

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