UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6882

SHELLIE DAMON,

Petitioner - Appellant,

versus

DOUG CATOE, Director of South Carolina Depart- ment of Corrections; CHARLES M. CONDON, At- torney General of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Margaret B. Seymour, District Judge. (CA-99-2801-10-24BD)

Submitted: October 12, 2000 Decided: October 20, 2000

Before WILLIAMS* and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Shellie Damon, Appellant Pro Se. Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

* Judge Williams did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to

(d) (1994). Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Shellie Damon seeks to appeal the district court’s order

denying relief on his petition filed under

(West

1994 & Supp. 2000). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. See Damon v. Catoe, No. CA-99-2801-10-24BD

(D.S.C. May 23, 2000).* We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

* Although the district court’s order is marked as “filed” on May 19, 2000, the district court’s records show that it was entered on the docket sheet on May 23, 2000. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that 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,

(4th Cir. 1986).

2