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927 F.2d 596

Docket No. 90-6701.

Miles v. Rollins

Fourth Circuit Court of Appeals

Submitted Feb. 4, 1991. Decided Feb. 27, 1991.

Fourth Circuit Court of Appeals

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Pervis McKenney v. Richard J. Baker, Superintendent, Anne Arundel County Detention Center, Attorney General of the State of Maryland

Opinion by Per Curiam ·

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. Frederic N. Smalkin, District Judge. (CA-90-1881-S)

Kelvin J. Miles, appellant pro se.

D.Md.

DISMISSED.

Before DONALD RUSSELL, SPROUSE and NIEMEYER, Circuit Judges.

PER CURIAM:

¶1

Kelvin J. Miles appeals from the district court's order denying his Fed.R.Civ.P. 60 motion; Miles sought to reopen the judgment denying relief under 28 U.S.C. Sec. 2254. 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 the appeal on the reasoning of the district court. Miles v. Rollins, CA-90-1881-S (D.Md. Nov. 26, 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.

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