Binns v. Tucker

U.S. Court of Appeals for the Fourth Circuit

Binns v. Tucker

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7294

JOHN R. BINNS,

Plaintiff - Appellant,

versus

E. M. TUCKER, Virginia Parole Board Chairman; RON ANGELONE, Virginia Department of Correc- tions Director,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis- trict Judge. (CA-97-159-AM)

Submitted: January 21, 1999 Decided: February 9, 1999

Before LUTTIG, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John R. Binns, Appellant Pro Se. William W. Muse, Assistant Attor- ney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

John R. Binns appeals the district court’s order denying

relief on his

42 U.S.C.A. § 1983

(West Supp. 1998) complaint. We

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

no reversible error. Accordingly, we affirm on the reasoning of

the district court. See Binns v. Tucker, No. CA-97-159-AM (E.D.

Va. Aug. 3, 1998).* We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

AFFIRMED

* Although the district court’s order is marked “filed” on July 31, 1998, the district court’s records show that it was entered on the docket sheet on August 3, 1998. 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. Wilson v. Murray,

806 F.2d 1232, 1234-35

(4th Cir. 1986).

2

Reference

Status
Unpublished