U.S. Court of Appeals for the Fourth Circuit, 2006

Powell v. Wheeler

Powell v. Wheeler
U.S. Court of Appeals for the Fourth Circuit · Decided March 28, 2006 · Wilkinson, Luttig, Williams
172 F. App'x 543

Powell v. Wheeler

Opinion

PER CURIAM:

Karen Chanita Powell, a state prisoner, seeks to appeal the district court’s order dismissing as untimely her petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of *544 appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that her constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Powell 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

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