Owens v. Smiley ( 2000 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-7073
    ERIC WILLIAM OWENS,
    Petitioner - Appellant,
    versus
    T. C. SMILEY, Superintendent,
    Respondent - Appellee.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Chief
    District Judge. (CA-99-508-3-MU)
    Submitted:   November 30, 2000            Decided:   December 6, 2000
    Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Eric William Owens, Appellant Pro Se. Clarence Joe DelForge, III,
    OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Eric William Owens seeks to appeal the district court’s order
    denying relief on his petition filed under 
    28 U.S.C.A. § 2254
     (West
    1994 & Supp. 2000).   We have reviewed the record and the district
    court’s opinion and find no reversible error. Accordingly, we deny
    his motion for a certificate of appealability and dismiss the ap-
    peal on the reasoning of the district court.    See Owens v. Smiley,
    No. CA-99-508-3-MU (W.D.N.C. June 26, 2000).*   We also deny his mo-
    tion to proceed in forma pauperis.   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
    June 22, 2000, the district court’s records show that it was
    entered on the docket sheet on June 26,2000. 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: 00-7073

Filed Date: 12/6/2000

Precedential Status: Non-Precedential

Modified Date: 10/30/2014