Davis v. Hutchinson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7687 WILBERT DAVIS, Petitioner - Appellant, versus RONALD HUTCHINSON, Warden, Maryland House of Correction; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CA-99-2059-AW) Submitted: July 13, 2000 Decided: July 19, 2000 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Wilbert Davis, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, Jason Frederick Trumpbour, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Wilbert Davis seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the rea- soning of the district court. See Davis v. Hutchinson, No. CA-99- 2059-AW (D. Md. Nov. 9, 1999).* We dispense with oral argument and deny Davis’s motion for the appointment of counsel because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED * Although the district court’s order is marked as “filed” on November 8, 1999, the district court’s records show that it was entered on the docket sheet on November 9, 1999. 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