Johnson v. Garraghty

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7272 CARLTON LEWIS JOHNSON, Petitioner - Appellant, versus D. A. GARRAGHTY, Chief Warden, Greensville Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-97-662-AM) Submitted: March 11, 1999 Decided: March 17, 1999 Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Carlton Lewis Johnson, 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 Unpublished opinions are not binding precedent in this circuit.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 Lewis Johnson seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. According- ly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Johnson v. Garraghty, No. CA-97-662-AM (E.D. Va. Aug. 5, 1998).* Johnson’s motions for a certificate of probable cause, appointment of counsel, and to compel are denied. We dispense with oral argument 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 July 31, 1998, the district court’s records show that it was entered on the docket sheet on Aug. 5, 1998. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was physically 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