Cobb v. State of WV, (4th Cir. 1999)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2008 WILLIAM HOLT COBB, Plaintiff - Appellant, versus

STATE OF WEST VIRGINIA, Defendant - Appellee. Appeal from the United States District Court for the Southern Dis-

trict of West Virginia, at Charleston. Joseph Robert Goodwin, Dis-

trict Judge. (CA-99-335-2)

Submitted: September 8, 1999 Decided: September 23, 1999

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-

cuit Judge.

Dismissed by unpublished per curiam opinion.

William Holt Cobb, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* Although the district court’s order is marked as “filed” June 15, 1999, the district court’s records show that it was

entered on the docket sheet on June 16, 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 PER CURIAM:

William Holt Cobb seeks to appeal the district court’s order

denying relief without prejudice on his petition filed under 28

U.S.C.A. § 2254 (West 1994 & Supp. 1999). We have reviewed the

record and the district court’s order accepting the recommendation

of the magistrate judge to dismiss Cobb’s petition for failure to

exhaust state court remedies and find no reversible error. Ac-

cordingly, we deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. See

Cobb v. West

Virginia

, No. CA-99-335-2 (S.D.W. Va. June 16, 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

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