United States v. Teresa Gallop
United States v. Teresa Gallop
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-6363
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERESA GALLOP,
Defendant - Appellant.
No. 21-6364
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERESA GALLOP,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern District of Virginia, at Newport News. Mark S. Davis, Chief District Judge. (4:16-cr-00088-MSD-LRL-2; 4:19-cv-00085-MSD; 4:16-cr-00086-MSD-LRL-1; 4:19-cv-00084-MSD)
Submitted: May 20, 2021 Decided: May 25, 2021 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Teresa R. Gallop, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2 PER CURIAM:
Teresa Gallop seeks to appeal the district court’s order dismissing as untimely her
28 U.S.C. § 2255motion. See Whiteside v. United States,
775 F.3d 180, 182-83(4th Cir.
2014) (en banc) (explaining that § 2255 motions are subject to one-year statute of
limitations, running from latest of four commencement dates enumerated in
28 U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or judge issues a certificate
of appealability.
28 U.S.C. § 2253(c)(1)(B). A certificate of appealability will not issue
absent “a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2). When, as here, the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural ruling is debatable and that
the motion states a debatable claim of the denial of a constitutional right. Gonzalez v.
Thaler,
565 U.S. 134, 140-41(2012) (citing Slack v. McDaniel,
529 U.S. 473, 484(2000)).
We have independently reviewed the record and conclude that Gallop has not made
the requisite showing. Accordingly, we deny a certificate of appealability and dismiss
these consolidated appeals. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
3
Reference
- Status
- Unpublished