Kesia Gaskins v. Barbara Wheeler

Filing 920090223


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6529 KESIA L. GASKINS, Petitioner - Appellant, v. BARBARA J. WHEELER, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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