Bonnie Hall v. Barbara Wheeler, No. 08-8019 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8019 BONNIE SUE HALL, Petitioner - Appellant, v. BARBARA J. WHEELER, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:08-cv-00172-GEC-MFU) Submitted: November 20, 2008 Decided: December 2, 2008 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Bonnie Sue Hall, Appellant Pro Se. Susan Mozley Harris, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bonnie Sue Hall seeks to appeal the district court s order dismissing petition. or judge as untimely issues absent constitutional prisoner reasonable 28 U.S.C. § 2254 (2000) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2000). issue her a substantial satisfies constitutional appealability. 28 U.S.C. A certificate of appealability will not right. jurists of 28 this by U.S.C. find the of the § 2253(c)(2) standard would claims showing that by of (2000). demonstrating any district denial assessment court is a A that of debatable the or wrong and that any dispositive procedural ruling by the district Miller-El v. Cockrell, 537 U.S. court is likewise debatable. 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 Hall has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We 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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