UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-7141

RONALD STEVEN PHILLIP,

Petitioner - Appellant,

versus

RANDY LEE, Warden, Caledonia Institution,

Respondent - Appellee,

and

NORTH CAROLINA ATTORNEY GENERAL,

Respondent.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-99-243-1)

Submitted: November 9, 2000 Decided: November 15, 2000

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Paul M. Green, Durham, North Carolina, for Appellant. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Ronald Steven Phillip appeals the district court’s order

granting summary judgment to the Respondents and denying relief on

his petition filed under

(West 1994 & Supp.

2000). We have reviewed the record and the district court’s opin-

ion accepting the recommendation of the magistrate judge and find

no reversible error. Accordingly, we deny a certificate of appeal-

ability and dismiss the appeal on the reasoning of the district

court. See Phillip v. Lee, No. CA-99-243-1 (M.D.N.C. July 21,

2000).* 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 20, 2000, the district court’s records show that it was entered on the docket sheet on July 21, 2000. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was physically 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).

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