Kesia Gaskins v. Barbara Wheeler
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
January 29, 2009
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
constitutional prisoner reasonable
2253(c)(2) by any
this would by
demonstrating assessment is of
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
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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