Miller v. Warden

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6909 STANLEY WALLACE MILLER, Plaintiff - Appellant, versus WARDEN, Keen Mountain; ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA; JAMES A. HARTLEY, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CA-99-445-7) Submitted: September 30, 1999 Decided: October 13, 1999 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Stanley Wallace Miller, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Stanley Wallace Miller, a Virginia inmate, appeals the dis- trict court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint under 28 U.S.C.A. § 1915A (West Supp. 1999). We have reviewed the record and the district court’s opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. See Miller v. Warden, No. CA-99-445-7 (W.D. Va. June 18, 1999).* We dispense with oral argument because the facts and legal contentions are adequate- ly 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 June 17, 1999, the district court’s records show that it was entered on the docket sheet on June 18, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that 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