Stevenson v. Johnson
Stevenson v. Johnson
Opinion of the Court
Leon Stevenson seeks to appeal
First, Stevenson’s argument that his state court convictions violate double jeopardy has been previously rejected by this court, Stevenson v. Johnson, No. 01-7572 (4th Cir. Mar. 27, 2003) (unpublished) (reversing district court’s grant of habeas petition), and that ruling is now the law of the case. Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 815-16, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988); United States v. Bell, 5 F.3d 64, 66-67 (4th Cir. 1993). Second, Stevenson’s claim that he received ineffective assistance of counsel in his prior appeal to this court fails as he is not entitled to such representation in a collateral adjudication. Pennsylvania v. Finley, 481 U.S. 551, 555, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987). Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Stevenson’s motions to proceed in forma pauperis and for appointment of counsel 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
Stevenson’s notice of appeal was not timely filed. Contrary to the requirements of Fed. R.Civ.P. 58, however, the district court never entered its judgment in a separate document. As a result, the time limit for noting an appeal never began to run. See Bankers Trust Co. v. Mallis, 435 U.S. 381, 384-85, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978). We accordingly deem the appeal timely.
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