Clay v. Jackson

U.S. Court of Appeals for the Fourth Circuit

Clay v. Jackson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6448

CHARLIE HARRIS CLAY,

Petitioner - Appellant,

versus

RICK JACKSON,

Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-99-31-MU)

Submitted: September 30, 1999 Decided: October 6, 1999

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charlie Harris Clay, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Charlie Harris Clay seeks to appeal the district court’s order

denying relief on his petition filed under

28 U.S.C.A. § 2254

(West

1994 & Supp. 1999). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the rea-

soning of the district court. See Clay v. Jackson, No. CA-99-31-MU

(W.D.N.C. Mar. 11, 1999).* We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

DISMISSED

* Although the district court’s order is marked as “filed” on March 10, 1999, the district court’s records show that it was entered on the docket sheet on March 11, 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Unpublished