Harvey v. Cross, (4th Cir. 2000)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7146 FERNANDEZ HARVEY, Petitioner - Appellant, versus

CAROLYN CROSS, Warden, Lawrenceville Correc-

tional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis-

trict of Virginia, at Alexandria. Leonie M. Brinkema, District

Judge. (CA-99-976-AM)

Submitted: March 23, 2000 Decided: March 29, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Fernandez Harvey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* Although the district court’s judgment or order is marked as “filed” on July 19, 1999, the district court’s record shows that it

was entered on the docket sheet on July 20, 1999. Pursuant to

Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is

the date that the judgment or 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:

Fernandez Harvey appeals the district court’s order denying

relief 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

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

Harvey v. Cross

, No. CA-99-976-AM (E.D. Va. July 20, 1999). * We dispense with oral argument because the facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process. DISMISSED

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