Filed: Jul. 21, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6193 RAYMOND E. BANKS, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-99-174-2) Submitted: July 13, 2000 Decided: July 21, 2000 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per c
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6193 RAYMOND E. BANKS, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-99-174-2) Submitted: July 13, 2000 Decided: July 21, 2000 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per cu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6193
RAYMOND E. BANKS,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Jerome B. Friedman, District Judge.
(CA-99-174-2)
Submitted: July 13, 2000 Decided: July 21, 2000
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raymond E. Banks, Appellant Pro Se. Robert H. Anderson, III,
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Unpublished opinions are not binding precedent in this circuit.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:
Raymond E. Banks 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.1 Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal substantially on
the reasoning of the district court. See Banks v. Angelone, No.
CA-99-174-2 (E.D. Va. Jan. 20, 2000).2 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
1
Although the district court relied upon Green v. French,
143
F.3d 865 (4th Cir. 1998), cert. denied,
523 U.S. 1090 (1999), the
denial of relief under 28 U.S.C.A. § 2254 was also correct under
the standards announced in Williams v. Taylor, ___ U.S. ___,
120
S. Ct. 1495, 1523 (2000).
2
Although the district court’s order is marked as “filed” on
January 14, 2000, the district court’s records show that it was
entered on the docket sheet on January 20, 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