United States v. Walker

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7112 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JAMES ANTHONY WALKER, a/k/a Jay, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CR-95-17, CA-98-663-7) Submitted: March 23, 2000 Decided: March 29, 2000 Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. James Anthony Walker, Appellant Pro Se. Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: James Anthony Walker seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 1999). 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 United States v. Walker, Nos. CR-95-17; CA-98-663-7 (W.D. Va. June 11, 1999).* We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED * Although the district court’s order is marked as “filed” on June 7, 1999, the district court’s records show that it was entered on the docket sheet on June 11, 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). 2