Blackwell v. Chater, Commissioner, (4th Cir. 1999)

Text

---

* Senior Judge Hall was assigned to the panel in this case but died prior to the time the decision was filed. The decision is

filed by a quorum of the panel pursuant to 28 U.S.C. 46(d). UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-2563 GERALDINE BLACKWELL, Plaintiff - Appellant, versus

SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL

SECURITY, Defendant - Appellee. Appeal from the United States District Court for the Western

District of North Carolina, at Statesville. Lacy H. Thornburg,

District Judge. (CA-95-95-5)

Submitted: March 31, 1999 Decided: October 7, 1999

Before NIEMEYER and MICHAEL, Circuit Judges, and HALL, * Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Charles McB. Sasser, Margaret B. DeVries, COX, GAGE & SASSER,

Charlotte, North Carolina, for Appellant. Mark T. Calloway, United

States Attorney, Joseph L. Brinkley, Assistant United States

Attorney, Charlotte, North Carolina, for Appellee.

* Although the district court’s judgment is marked as “filed” on August 10, 1998, the district court’s records show that it was

entered on the docket sheet on August 14. Pursuant to Rules 58 and

  (a) of the Federal Rules of Civil Procedure, it is the date that

the judgment was physically 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, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Geraldine Blackwell appeals the district court’s order affirming the decision of the Commissioner of Social Security denying disability benefits. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Blackwell v. Chater , No. CA-95-95-5 (W.D.N.C. Aug. 14, 1998). * 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

---