Renoir v. McMillan

U.S. Court of Appeals for the Fourth Circuit

Renoir v. McMillan

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6944

PIERRE A. RENOIR,

Plaintiff - Appellant,

versus

GEORGE MCMILLAN,

Defendant - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-356-7)

Submitted: September 30, 1999 Decided: October 8, 1999

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Pierre A. Renoir, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Pierre Renoir appeals the district court’s order dismissing

without prejudice his

42 U.S.C.A. § 1983

(West Supp. 1999) com-

plaint for failure to state a claim on which relief may be granted

pursuant to

28 U.S.C.A. § 1915

(e)(2)(B)(ii) (West Supp. 1999), and

denying his motion for appointment of counsel, request for evi-

dentiary hearing, and petition for subpoena. We have reviewed the

record and the district court’s opinion and find no reversible

error. Accordingly, we dismiss the appeal on the reasoning of the

district court. See Renoir v. McMillan, No. CA-99-356-7 (W.D. Va.

June 30, 1999).* We further deny Renoir’s “motion for court order

for copies.” 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 June 28, 1999, the district court’s records show that it was entered on the docket sheet on June 30, 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. See Wilson v. Murray,

806 F.2d 1232, 1234-35

(4th Cir. 1986).

2

Reference

Status
Unpublished