Filed: Dec. 05, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7114 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LINDA TAYLOR, a/k/a Jipsey Kuszmaul, a/k/a Lindalee Marie Kuzma, a/k/a Lindalee Marie Taylor, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge. (CR-99-29, CA-01-28-3) Submitted: November 29, 2001 Decided: December 5, 2001 Before WIDENER, NIEMEYER, and
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7114 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LINDA TAYLOR, a/k/a Jipsey Kuszmaul, a/k/a Lindalee Marie Kuzma, a/k/a Lindalee Marie Taylor, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge. (CR-99-29, CA-01-28-3) Submitted: November 29, 2001 Decided: December 5, 2001 Before WIDENER, NIEMEYER, and W..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7114
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LINDA TAYLOR, a/k/a Jipsey Kuszmaul, a/k/a
Lindalee Marie Kuzma, a/k/a Lindalee Marie
Taylor,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge. (CR-99-29, CA-01-28-3)
Submitted: November 29, 2001 Decided: December 5, 2001
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Linda Taylor, Appellant Pro Se. Thomas Oliver Mucklow, Assistant
United States Attorney, Martinsburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Linda Taylor appeals from the denial of her Fed. R. Civ. P.
60(b) motion, which sought reconsideration of the denial of her 28
U.S.C.A. § 2255 (West Supp. 2001) motion as untimely. We find that
Taylor’s untimely and conclusory allegations of illness are insuf-
ficient to equitably toll the statute of limitations. See Harris
v. Hutchinson,
209 F.3d 325, 330 (4th Cir. 2000) (holding that
movant must show extraordinary circumstances before equitable
tolling will apply). Accordingly, we deny a certificate of appeal-
ability, deny permission to proceed in forma pauperis, 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