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Damon v. Catoe, 00-6882 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 00-6882 Visitors: 36
Filed: Oct. 20, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6882 SHELLIE DAMON, Petitioner - Appellant, versus DOUG CATOE, Director of South Carolina Depart- ment of Corrections; CHARLES M. CONDON, At- torney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Margaret B. Seymour, District Judge. (CA-99-2801-10-24BD) Submitted: October 12, 2000 Decided: October 20, 2000 Before
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 00-6882



SHELLIE DAMON,

                                             Petitioner - Appellant,

          versus


DOUG CATOE, Director of South Carolina Depart-
ment of Corrections; CHARLES M. CONDON, At-
torney General of the State of South Carolina,

                                            Respondents - Appellees.



Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Margaret B. Seymour, District Judge.
(CA-99-2801-10-24BD)


Submitted:   October 12, 2000             Decided:   October 20, 2000


Before WILLIAMS* and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Shellie Damon, Appellant Pro Se. Derrick K. McFarland, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
for Appellees.


     *
       Judge Williams did not participate in consideration of this
case. The opinion is filed by a quorum of the panel pursuant to 28
U.S.C. § 46(d) (1994).
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).




PER CURIAM:

     Shellie Damon seeks to appeal the district court’s order

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

1994 & Supp. 2000).   We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court.   See Damon v. Catoe, No. CA-99-2801-10-24BD

(D.S.C. May 23, 2000).*   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




     *
       Although the district court’s order is marked as “filed” on
May 19, 2000, the district court’s records show that it was entered
on the docket sheet on May 23, 2000. 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

Source:  CourtListener

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