Gaston v. Powell

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6294 ALTERICK GASTON, Petitioner - Appellant, versus H. R. POWELL, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-98-1803-AM) Submitted: August 19, 1999 Decided: August 30, 1999 Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Alterick Gaston, Appellant Pro Se. Thomas Drummond Bagwell, Assis- tant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Alterick Gaston 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 Gaston v. Powell, No. CA-98- 1803-AM (E.D. Va. Feb. 10, 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 February 5, 1999, the district court’s records show that it was entered on the docket sheet on February 10, 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