United States v. Jones

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7298 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TERRY D. JONES, a/k/a Rick, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Newport News. Robert G. Doumar, Senior Dis- trict Judge. (CR-95-37) Submitted: January 7, 1999 Decided: January 20, 1999 Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges. Dismissed by unpublished per curiam opinion. Terry D. Jones, Appellant Pro Se. Fernando Groene, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Terry D. Jones seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) and the district court’s order denying his motion to alter or amend the judgment under Fed. R. Civ. P. 59(e). We have reviewed the record and the district court’s opinions and find no reversible error. Accordingly, we deny a certificate of appeal- ability and dismiss the appeal substantially on the reasoning of the district court. See United States v. Jones, No. CR-95-37 (E.D. Va. June 10, 1998; July 30, 1998).* See also Brown v. Angelone, 150 F.3d 370 (4th Cir. 1998). 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 denying Jones’s Rule 59 motion is marked as “filed” on July 29, the district court’s records show that it was entered on the docket sheet on July 30. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the judgment or 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