United States v. Henderson ( 2000 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-7338
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DAVID ANTHONY HENDERSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern Dis-
    trict of North Carolina, at Greenville. Terrence W. Boyle, Chief
    District Judge. (CR-93-62-BO, CA-00-01-BO)
    Submitted:   November 30, 2000            Decided:   December 7, 2000
    Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    David Anthony Henderson, Appellant Pro Se. David Paul Folmar, Jr.,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    David Anthony Henderson seeks to appeal the district court’s
    order denying his motion filed under 
    28 U.S.C.A. § 2255
     (West Supp.
    2000).   We have reviewed the record and the district court’s
    opinion and find no reversible error.   Accordingly, we deny a cer-
    tificate of appealability and dismiss the appeal on the reasoning
    of the district court. See United States v. Henderson, Nos. CR-93-
    62-BO; CA-00-01-BO (E.D.N.C. Aug. 21, 2000).*     We dispense with
    oral argument because the facts and legal contentions are adequate-
    ly 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
    August 17, 2000, the district court’s records show that it was
    entered on the docket sheet on August 21, 2000. 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: 00-7338

Filed Date: 12/7/2000

Precedential Status: Non-Precedential

Modified Date: 10/31/2014