UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-2728
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KLYNE MILTON MCMAHAN, JR.,
Claimant - Appellant,
TWO SUPERVAC HEAT SEALERS,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry C. Morgan, Jr., District
Judge. (CA-98-834-2)
Submitted: April 15, 1999 Decided: April 27, 1999
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Klyne Milton McMahan, Jr., Appellant Pro Se. Kent Pendleton Porter,
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Unpublished opinions are not binding precedent in this circuit.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:
Claimant Klyne Milton McMahan appeals from the district
court’s order granting the Government’s Fed. R. Civ. P. 41(a)
motion and dismissing the civil forfeiture action against the
defendant heat sealers without prejudice, and ordering that the
heat sealers be sold with the proceeds from their sale to be used
to offset fines, assessments, and attorneys fees incurred as a
result of McMahan’s criminal convictions. 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 United States v. McMahan, No. CA-98-834-2 (E.D. Va.
Oct. 30, 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.
AFFIRMED
*
Although the order from which McMahan appeals was filed on
October 27, 1998, it was entered on the district court’s docket
sheet on October 30, 1998. October 30, 1998, is therefore the
effective date of the district court’s decision. See Fed. R. Civ.
P. 58 and 79(a); see also Wilson v. Murray, 806 F.2d 1232, 1234-35
(4th Cir. 1986).
2