Black v. Warden James River

U.S. Court of Appeals for the Fourth Circuit

Black v. Warden James River

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7457

GARY DARWIN BLACK,

Petitioner - Appellant,

versus

WARDEN, JAMES RIVER CORRECTIONAL CENTER,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis- trict Judge. (CA-99-1095-AM)

Submitted: January 20, 2000 Decided: February 2, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gary Darwin Black, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Gary Darwin Black appeals 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 cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. See Black v. Warden, James River Correc-

tional Ctr., No. CA-99-1095-AM (E.D. Va. Oct. 6, 1999).* We dis-

pense 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 October 5, 1999, the district court’s records show that it was entered on the docket sheet on October 6, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date 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Unpublished