UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6891

JOHNNY MCNEIL,

Petitioner - Appellant,

versus

STEPHEN DEWALT, Warden, Federal Correctional Institution - Petersburg,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-99-338-AM)

Submitted: September 30, 1999 Decided: October 7, 1999

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Johnny McNeil, Appellant Pro Se. Arthur Erwin Peabody, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Johnny McNeil appeals the district court’s order dismissing

with prejudice his petition filed pursuant to

(1994). 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 McNeil v. Dewalt, No. CA-

99-338-AM (E.D. Va. June 22, 1999).* We dispense with oral argu-

ment because the facts and legal contentions are adequately pre-

sented in the materials before the court and argument would not aid

the decisional process.

AFFIRMED

* Although the district court’s order is marked as “filed” on June 18, 1999, the district court’s records show that it was entered on the docket sheet on June 22, 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,

(4th Cir. 1986).

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