Newman v. Angelone

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 25, 1999
• Docket: 98-7709
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7709

HERMAN C. NEWMAN,

Petitioner - Appellant,

versus

RONALD ANGELONE, Director, Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-98-941-AM)

Submitted: February 11, 1999 Decided: February 25, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Herman C. Newman, Appellant Pro Se. Jeffrey Scott Shapiro, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Herman C. Newman seeks to appeal the district court’s order

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

1994 & 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 Newman v. Angelone, No. CA-98-

941-AM (E.D. Va. Oct. 27, 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.

DISMISSED

* The order from which Newman appeals was filed on October 26, 1998, and entered on the district court’s docket sheet on October 27, 1998. In accordance with Fed. R. Civ. P. 58 and 79(a), October 27, 1998 is therefore the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).