Gordon v. Wheeler
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
WANDA KATRICE GORDON, Petitioner - Appellant, versus BARBARA J. WHEELER, Warden, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:06-cv-01101-TSE)
Submitted: May 31, 2007
Decided: June 7, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wanda Katrice Gordon, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Wanda Katrice Gordon seeks to appeal the district court's order denying relief without prejudice on her 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit 28 U.S.C.
justice or judge issues a certificate of appealability.
§ 2253(c)(1) (2000). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Gordon has not made the requisite showing. Accordingly, we deny a certificate of We dispense with oral
appealability and dismiss the appeal.
argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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