Williams v. Newsweek Inc ( 1999 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 99-7243
    LIONELL ELIJAH WILLIAMS,
    Plaintiff - Appellant,
    versus
    NEWSWEEK, INCORPORATED; NATHAN MCCALL,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern Dis-
    trict of Virginia, at Norfolk. Robert G. Doumar, Senior District
    Judge. (CA-98-1130)
    Submitted:   December 16, 1999           Decided:   December 29, 1999
    Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
    cuit Judge.
    Affirmed by unpublished per curiam opinion.
    Lionell Elijah Williams, Appellant Pro Se. Kevin Taylor Baine,
    Sherry A. Ingram, WILLIAMS & CONNOLLY, Washington, D.C., for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Lionell Elijah Williams appeals the district court’s order
    dismissing his civil diversity action for failure to state a claim
    upon which relief can be granted and denying his motion for default
    judgment against Defendant Nathan McCall.      Williams filed this
    action against Newsweek, Inc., and McCall alleging that they used
    his picture in a Newsweek article without Williams’ consent and in
    violation of 
    Va. Code Ann. § 8.01-40
     (Michie 1992).     We have re-
    viewed the record and the district court’s opinion and find no
    reversible error.    Accordingly, we affirm on the reasoning of the
    district court.     See Williams v. Newsweek, Inc., No. CA-98-1130
    (Aug. 31, 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.
    AFFIRMED
    *
    Although the district court’s order is signed and date
    stamped on August 27, 1999, the district court’s records show that
    it was entered on the docket sheet on August 31, 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
    

Document Info

Docket Number: 99-7243

Filed Date: 12/29/1999

Precedential Status: Non-Precedential

Modified Date: 10/30/2014