Mixon v. Apfel, Commissioner

U.S. Court of Appeals for the Fourth Circuit

Mixon v. Apfel, Commissioner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-1591

COYT W. MIXON,

Plaintiff - Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Henry M. Herlong, Jr., District Judge. (CA-98-1104-5-20AK)

Submitted: September 9, 1999 Decided: September 20, 1999

Before ERVIN,* WILKINS, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John W. Bledsoe, III, BLEDSOE LAW FIRM, Hartsville, South Carolina, for Appellant. Frank W. Hunger, Assistant Attorney General, J. Rene Josey, United States Attorney, John Berkley Grimball, Assistant United States Attorney, Deana R. Ertl-Lombardi, Chief Counsel, Yvette G. Keesee, Assistant Regional Counsel, Region VIII, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Denver, Colorado, for Appellee.

* Judge Ervin participated in this case but died prior to the time the decision was filed. The decision is filed by a quorum of the panel pursuant to

28 U.S.C. § 46

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 Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Coyt W. Mixon appeals the district court’s order affirming the

Commissioner’s denial of his application for disability insurance

benefits and supplemental security income. 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 Mixon v. Apfel, Commissioner, Social Security Admin.,

No. CA-98-1104-5-20AK (D.S.C. Mar. 4, 1999).* We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED

* Although the order from which Mixon appeals was filed on March 2, 1999, it was entered on the district court’s docket sheet on March 4, 1999. March 4, 1999, is therefore the effective date of the district court’s decision. See Fed. R. Civ. P. 58 and 79(a); see also Wilson v. Murray,

806 F.2d 1232, 1234-35

(4th Cir. 1986).

2

Reference

Status
Unpublished