Kesia Gaskins v. Barbara Wheeler, No. 08-6529 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6529 KESIA L. GASKINS, Petitioner - Appellant, v. BARBARA J. WHEELER, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 petition. or judge as untimely issues absent constitutional prisoner reasonable 28 U.S.C. § 2254 (2006) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2006). issue her a substantial right. jurists appealability. 28 U.S.C. A certificate of appealability will not satisfies constitutional of 28 this would claims by showing U.S.C. § standard find the that district of the denial 2253(c)(2) by of (2006). demonstrating any assessment court is a A that of the 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 Gaskins has not made the requisite showing. Accordingly, we deny her motion for a certificate of appealability and dismiss the appeal. dispense with oral argument because the facts and We 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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