Dinsio v. Johns

U.S. Court of Appeals for the Fourth Circuit

Dinsio v. Johns

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7678

AMIL ALFRED DINSIO, SR.,

Plaintiff - Appellant,

versus

FRANK G. JOHNS; CARL HORN, Magistrate Judge; MARK T. CALLOWAY; GEORGE V. LAUGHRUN, II; ROBERT POTTER, Judge,

Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-97-596-3-3MU)

Submitted: February 24, 2000 Decided: March 3, 2000

Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Amil Alfred Dinsio, Sr., Appellant Pro Se. George Vernon Laughrun, II, GOODMAN, CARR, NIXON & LAUGHRUN, Charlotte, Noarth Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Amil Alfred Dinsio, Sr., a federal inmate, appeals the dis-

trict court’s order denying relief on his civil rights complaint

under 28 U.S.C.A. § 1915A(b)(1) (West Supp. 1999), and imposing a

prefiling injunction and the order denying his motion filed under

Fed. R. Civ. P. 59(e). We have reviewed the record and the dis-

trict court’s orders and find that this appeal is frivolous.

Accordingly, we dismiss the appeal on the reasoning of the district

court. See Dinsio v. Johns, No. CA-97-596-3-3MU (W.D.N.C. Jan. 19

& Sept. 23, 1999).* We deny Dinsio’s “Motion for the Court to

remove itself from Hearing this Appeal” and 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 orders are marked as “filed” on January 15 and September 22, 1999, the district court’s records show that the orders were entered on the docket sheet on January 19 and September 23, 1999, respectively. Pursuant to Fed. R. Civ. P. 58 and 79(a), we consider the date the orders were entered on the docket sheet as the effective date of the district court’s decisions. See Wilson v. Murray,

806 F.2d 1232, 1234-35

(4th Cir. 1986).

2

Reference

Status
Unpublished