US v. Dorothy Oiler

Filing 920091007

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6817

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DOROTHY ANN OILER, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, District Judge. (5:06-cr-00098-2; 5:08-cv-00995)

Submitted:

September 29, 2009

Decided:

October 7, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dorothy Ann Oiler, Appellant Pro Se. John Lanier File, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Dorothy Ann Oiler seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing her 28 U.S.C.A. § 2255 (West Supp. 2009) motion as untimely. 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 U.S.C. standard find the that of the denial of a A that the or

substantial 28

constitutional prisoner reasonable

right." this would by

§ 2253(c)(2) by any

(2006).

satisfies jurists

demonstrating assessment is of

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 Oiler has not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal. Oiler's dispense motion with for oral conditional argument release because pending the

We deny We legal

appeal. and

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2