Ford v. Angelone

33 F. App'x 139

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 30, 2002
• Docket: No. 02-6315
• Status: Published

Opinion

PER CURIAM.

Kurt Lorenzo Ford appeals the district court’s order dismissing as untimely his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny Ford’s motion for a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court.

* See Ford v. Angelone, No. CA-01-1459-AM (E.D.Va. Jan. 30, 2002). 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.

Our calculation suggests that 428 non-tolled days elapsed before Ford filed his § 2254 petition, while the district court calculated this period as 468 days. Under either calculation, the petition is untimely.