Stephenson v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6432 CARLTON L. STEPHENSON, Petitioner - Appellant, versus RONALD ANGELONE, Director, Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CA-99-705-2) Submitted: June 15, 2000 Decided: June 23, 2000 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Carlton L. Stephenson, Appellant Pro Se. Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Carlton L. Stephenson seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion accepting the recommendation of the magis- trate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reason- ing of the district court. See Stephenson v. Angelone, No. CA-99- 705-2 (E.D. Va. Mar. 13, 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 March 10, 2000, the district court’s records show that it was entered on the docket sheet on March 13, 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. Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2