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  • McKubbin v. State of NC, 4th Cir. (2000)

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    Jackie McKubbin filed a petition under 28 U.S.C.A. § 2254 seeking relief from her conviction. The district court denied relief and McKubbin appealed. The Fourth Circuit Court of Appeals reviewed the district court's decision and found no reversible error. The Fourth Circuit denied McKubbin's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the reasoning provided by the district court in its order denying relief.

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    Filed: 2000-01-28 Precedential Status: Non-Precedential Docket: 99-6504

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    Jackie McKubbin filed a petition under 28 U.S.C.A. § 2254 seeking relief from her conviction. The district court denied relief and McKubbin appealed. The Fourth Circuit Court of Appeals reviewed the district court's decision and found no reversible error. The Fourth Circuit denied McKubbin's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the reasoning provided by the district court in its order denying relief.

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    6 views2 pages

    McKubbin v. State of NC, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    Jackie McKubbin filed a petition under 28 U.S.C.A. § 2254 seeking relief from her conviction. The district court denied relief and McKubbin appealed. The Fourth Circuit Court of Appeals reviewed the district court's decision and found no reversible error. The Fourth Circuit denied McKubbin's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the reasoning provided by the district court in its order denying relief.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6504

    JACKIE MCKUBBIN,
    Petitioner - Appellant,
    versus
    STATE OF NORTH CAROLINA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief
    District Judge. (CA-97-564-3-MU)

    Submitted:

    January 20, 2000

    Decided:

    January 28, 2000

    Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Jackie McKubbin, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jackie McKubbin seeks to appeal the district courts order
    denying relief on her petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 1999).

    We have reviewed the record and the district

    courts opinion and find no reversible error. Accordingly, we deny


    leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district
    court. See McKubbin v. North Carolina, No. CA-97-564-3-MU (W.D.N.C.
    Mar. 29, 1999).*

    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

    Although the district courts order is marked as filed on


    March 25, 1999, the district courts records show that it was
    entered on the docket sheet on March 29, 1999. Pursuant to Rules
    58 and 79(a) of the Federal Rules of Civil Procedure, it is the
    date the order was entered on the docket sheet that we take as the
    effective date of the district courts decision. See Wilson v.
    Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).
    2

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