United States of America v. Porshia McCullar

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7338
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PORSHIA MCCULLAR,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Dennis W. Shedd, District Judge.
(CA-01-126-0-19)
Submitted: December 20, 2001 Decided: January 2, 2002
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Porshia McCullar, Appellant Pro Se. Marshall Prince, OFFICE OF THE
UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Porshia McCullar appeals the district court’s order dismissing
her motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001) as
time-barred under the Antiterrorism and Effective Death Penalty Act
(AEDPA). We have reviewed the record and the district court’s
opinion and find no reversible error. See Hernandez v. Caldwell,
225 F.3d 435 (4th Cir. 2000). Further, we conclude McCullar is not
entitled to equitable tolling of the AEDPA’s one-year limitations
period. See Harris v. Hutchinson, 209 F.3d 325 (4th Cir. 2000).
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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