United States v. Davy, 4th Cir. (1999)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 99-6147

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
versus
ROHAN LLOYD DAVY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-97-3, CA-98-958-5-BO)

Submitted:

May 13, 1999

Decided:

May 18, 1999

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.


Rohan Lloyd Davy, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Rohan Davy seeks to appeal the district courts order denying
his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1998).
We have reviewed the record and the district courts opinion and
find no reversible error.

Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the district court.

United States v. Davy, No. CA-98-958-5-BO (E.D.N.C.

Jan. 7, 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 courts order is marked as filed on


January 6, 1999, the district courts records show that it was
entered on the docket sheet on January 7, 1999. It is the date the
order was entered on the docket sheet that we take as the effective
date of the district courts decision. See Fed. R. Civ. P. 58 and
79(a); Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).
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