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Pettaway v. Angelone, 99-6599 (1999)

Court: Court of Appeals for the Fourth Circuit Number: 99-6599 Visitors: 33
Filed: Aug. 26, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6599 JOHNNIE PETTAWAY, Petitioner - Appellant, versus RONALD ANGELONE, Director, Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-99-52-AM) Submitted: August 19, 1999 Decided: August 26, 1999 Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir- cuit Judge.
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                               UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                               No. 99-6599



JOHNNIE PETTAWAY,

                                               Petitioner - Appellant,

          versus


RONALD ANGELONE, Director, Virginia Department
of Corrections,

                                                Respondent - Appellee.



Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria.     James C. Cacheris, Senior
District Judge. (CA-99-52-AM)


Submitted:   August 19, 1999                 Decided:   August 26, 1999


Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir-
cuit Judge.


Dismissed by unpublished per curiam opinion.


Johnnie Pettaway, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

     Johnnie Pettaway appeals the district courts 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 Pettaway v. Angelone, No. CA-99-52-AM

(E.D. Va. Apr. 7, 1999).*   We further deny Pettaway’s motion for

appointment of counsel. 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
April 2, 1999, the district court’s records show that it was
entered on the docket sheet on April 7, 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

Source:  CourtListener

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