Hardy v. Turner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6711 WILLIE M. HARDY, JR., Plaintiff - Appellant, versus GLEN TURNER, Warden, Defendant - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-00-709-AM) Submitted: July 27, 2000 Decided: August 7, 2000 Before MURNAGHAN, WILKINS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Willie M. Hardy, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Willie M. Hardy, Jr., appeals from the district court’s order denying his motion for a writ of prohibition. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Hardy v. Turner, No. CA-00-709-AM (E.D. Va. May 9, 2000).* To the extent that Hardy seeks to present new evidence on appeal, this court generally will not consider new claims or evi- dence for the first time on appeal. See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). 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. AFFIRMED * Although the district court’s order is marked as “filed” on May 8, 2000, the district court’s records show that it was entered on the docket sheet on May 9, 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