McSheffrey v. Hawk-Sawyer

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7214 JOHN PATRICK MCSHEFFREY, Plaintiff - Appellant, versus KATHLEEN HAWK-SAWYER, Director, Federal Bureau of Prisons; MARGARET C. HAMBRICK, Regional Director, Federal Bureau of Prisons; MARK A. HENRY, Warden; G. L. BOGDAN, Warden; W. C. HENDERSON, Associate Warden; S. L. CRUMP, D Unit Manager; S. GREASER, D2 Case Manager; D. HUFFMAN, D2 Counsellor; D. COMLEY, Teacher; M. KEGG, Education; D. TAYLOR, Acting Lieutenant; A. THOMPSON, Lieutenant, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-99- 2522-AMD) Submitted: August 24, 2000 Decided: August 28, 2000 Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John Patrick McSheffrey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: John Patrick McSheffrey appeals the district court’s order dismissing as frivolous his action filed under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and the district court’s opin- ion and find that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. See McSheffrey v. Hawk-Sawyer, No. CA-99-2522-AMD (D. Md. Aug. 26, 1999).* We fur- ther deny McSheffrey’s motion for summary reversal. 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 August 25, 1999, the district court’s records show that it was entered on the docket sheet on August 26, 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. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2