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914 F.2d 1493

Docket No. 90-7079.

Robert Theodore Wade v. Paul D. Wright, Iii, F. Anthony McCarthy

Fourth Circuit Court of Appeals

Submitted Aug. 27, 1990. Decided Oct. 3, 1990.

Fourth Circuit Court of Appeals · decided 1990-10-03

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Volvo GM Heavy Truck Corporation v. International Union

Opinion by Per Curiam · Decided 1990-10-03

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Norman P. Ramsey, District Judge. (CA-90-1680-R)

Robert Theodore Wade, appellant pro se.

D.Md.

DISMISSED.

Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

Robert Theodore Wade appeals from the district court's order dismissing Wade's petition based on his failure to exhaust his administrative remedies.* Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss on the reasoning of the district court. Wade v. Wright, CA-90-1680-R (D.Md. June 25, 1990). 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.

¶2

DISMISSED.

*

The district court properly interpreted Wade's self-styled 42 U.S.C. Sec. 1983 complaint as a 28 U.S.C. Sec. 2254 petition

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