Morris v. Jabe, (4th Cir. 1999)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6163 CLIFFORD R. MORRIS, Petitioner - Appellant, versus

JOHN M. JABE, Warden; ATTORNEY GENERAL OF THE

COMMONWEALTH OF VIRGINIA, Respondents - Appellees. Appeal from the United States District Court for the Western Dis-

trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District

Judge. (CA-98-0399-R)

Submitted: March 25, 1999 Decided: March 31, 1999

Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Clifford R. Morris, Appellant Pro Se. Daniel John Munroe, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* Although the district court’s order is marked as “filed” on January 25, 1999, the district court’s records show that it was

entered on the docket sheet on January 26, 1999. Pursuant to Rules

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:

Clifford Morris seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

4 & Supp. 1998). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the rea-

soning of the district court. See

Morris v. Jabe

, No. CA-98-0399-R (W.D. Va. Jan. 26, 1999). * We dispense with oral argument because the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process. DISMISSED

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