UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6590
JAMES M. BIVENS,
Petitioner - Appellant,
versus
DAVID GARRAGHTY,
Respondent - Appellee.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-99-226-7)
Submitted: August 19, 1999 Decided: August 26, 1999
Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
James M. Bivens, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Bivens seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 1999). 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 district court. See Bivens v. Garraghty, No. CA-
99-226-7 (W.D. Va. Apr. 5, 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
April 2, 1999, the district court’s records show that it was
entered on the docket sheet on April 5, 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