UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6969

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FRANKLIN DELANOR WAYMAN, a/k/a Franklin Delano Wayman,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Elizabeth V. Hallanan, Senior District Judge. (CR-96-43, CA-97-816-5)

Submitted: November 30, 1999 Decided: December 13, 1999

Before MURNAGHAN, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Franklin Delanor Wayman, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Franklin Delanor Wayman seeks to appeal the district court’s

order denying his motion filed under

(West Supp.

1999) alleging ineffective assistance of counsel and other errors.

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we deny Wayman’s motions

for a show cause hearing and to provide documents, deny a

certificate of appealability, and dismiss the appeal on the

reasoning of the district court. See United States v. Wayman, Nos.

CR-96-43; CA-97-816-5 (S.D.W. Va. July 9, 1999).* 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

* Although the district court’s order is marked as “filed” on July 8, 1999, the district court’s records show that the order was entered on the docket sheet on July 9, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was entered on the docket sheet that we take as the effective date of the district court’s decision.

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