U.S. Court of Appeals for the Fourth Circuit, 2000

Crowder v. Asbury

Crowder v. Asbury
U.S. Court of Appeals for the Fourth Circuit · Decided May 2, 2000

Crowder v. Asbury

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2106

TERRY L. CROWDER, Plaintiff - Appellant, versus

DONALD EUGENE ASBURY; WEST VIRGINIA STATE POLICE, South Charleston Detachment, and their employer; WILLIAM FORBES, Prosecuting Attorney of Kanawha County, and his office and employer, Defendants - Appellees.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-99-194-2)

Submitted: April 27, 2000 Decided: May 2, 2000

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Affirmed by unpublished per curiam opinion.

Keith L. Wheaton, Esquire, Martinsburg, West Virginia, for Appel- lant. Michael C. Allen, Charleston, West Virginia; William S.

Steele, Managing Deputy Attorney General, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Terry L. Crowder appeals the district court’s order dismissing without prejudice her civil rights action. We have reviewed the record and the district court’s opinion accepting the recommenda- tion of the magistrate judge and find no reversible error.

Accordingly, we affirm substantially on the reasoning of the dis- trict court. See Crowder v. Asbury, No. CA-99-194-2 (S.D.W. Va. July 15, 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.

AFFIRMED

* Although the district court’s order is marked as “filed” on July 14, 1999, the district court’s records show that it was entered on the docket sheet on July 15, 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).

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