Kesia Gaskins v. Barbara Wheeler

Filing 920090223

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6529

KESIA L. GASKINS, Petitioner - Appellant, v. BARBARA J. WHEELER, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:08-cv-00124-LO-JFA)

Submitted:

January 29, 2009

Decided:

February 23, 2009

Before NIEMEYER, MICHAEL, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kesia L. Gaskins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kesia L. Gaskins seeks to appeal the district court's order dismissing as untimely her 28 U.S.C. § 2254 (2006)

petition. or judge

The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2006). issue absent "a

A certificate of appealability will not showing § of the denial of a A that the or

substantial 28

constitutional prisoner reasonable

right."

U.S.C. standard

2253(c)(2) by any

(2006).

satisfies jurists

this would by

demonstrating assessment is of

find the

that

constitutional

claims

district

court

debatable

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 Gaskins has not made the requisite showing. Accordingly, we deny her motion We

for a certificate of appealability and dismiss the appeal. 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

2