UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-6045

JASON MICHAEL CONTRERAS,

Petitioner - Appellant,

v.

KEITH W. DAVIS, Warden, Sussex II State Prison,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:13-cv-00772-JCC-TRJ)

Submitted: March 10, 2015 Decided: March 16, 2015

Before GREGORY, DUNCAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jonathan P. Sheldon, SHELDON, FLOOD & HAYWOOD, PLC, Fairfax, Virginia, for Appellant. Rosemary Virginia Bourne, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jason Michael Contreras appeals the district court’s order

dismissing his

(2012) petition raising a claim

under Miller v. Alabama,

(2012). We previously

granted a certificate of appealability on the issue of whether

the district court erred in dismissing the petition as untimely,

and we placed the appeal in abeyance pending a decision in

Johnson v. Ponton, __ F.3d __,

(4th Cir. Mar. 5,

2015). In Johnson, the Court held that the Miller rule is not

retroactively applicable to cases on collateral review.

Accordingly, we affirm the district court’s order. 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.

AFFIRMED

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