Whitfield v. Soles

U.S. Court of Appeals for the Fourth Circuit

Whitfield v. Soles

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7354

SHANE O’BRIAN WHITFIELD,

Petitioner - Appellant,

versus

BOBBY SOLES, Unit #2,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-99-541-AM)

Submitted: March 23, 2000 Decided: March 29, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shane O’Brian Whitfield, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Shane O’Brian Whitfield 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 dis-

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

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. See Whitfield v. Soles, No.

CA-99-541-AM (E.D. Va. July 28, 1999).* 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.

DISMISSED

* Although the district court’s order is marked as “filed” on July 26, 1999, the district court’s records show that it was entered on the docket sheet on July 28, 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Unpublished