Carr v. McDowell County Law

U.S. Court of Appeals for the Fourth Circuit

Carr v. McDowell County Law

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7672

MICHAEL EDWARD CARR,

Plaintiff - Appellant,

versus

MCDOWELL COUNTY LAW ENFORCEMENT CENTER; MCDOWELL COUNTY MAGISTRATES OFFICE; JACKIE TURNER, Sheriff; DEBBIE TERRELL, Magistrate,

Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Asheville. Graham C. Mullen, Chief District Judge. (CA-99-152-1-2-MU)

Submitted: February 10, 2000 Decided: February 17, 2000

Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael Edward Carr, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Michael Edward Carr appeals the district court’s order denying

relief on his civil rights complaint. 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

Carr v. McDowell County Law Enforcement Ctr., No. CA-99-152-1-2-MU

(W.D.N.C. Nov. 17, 1999); see also Linda R.S. v. Richard D.,

410 U.S. 614, 619

(1973) (noting that a private citizen has no cog-

nizable right to insist on a criminal prosecution).* 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.

AFFIRMED

* Although the district court’s order is marked as “filed” on November 5, 1999, the district court’s records show that it was entered on the docket sheet on November 17, 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Unpublished