United States v. Davy

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6147 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROHAN LLOYD DAVY, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis- trict Judge. (CR-97-3, CA-98-958-5-BO) Submitted: May 13, 1999 Decided: May 18, 1999 Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Rohan Lloyd Davy, Appellant Pro Se. Robert Edward Skiver, Assis- tant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Rohan Davy seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the dis- trict court. United States v. Davy, No. CA-98-958-5-BO (E.D.N.C. Jan. 7, 1999).* 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 is marked as “filed” on January 6, 1999, the district court’s records show that it was entered on the docket sheet on January 7, 1999. It is the date the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Fed. R. Civ. P. 58 and 79(a); Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2