United States v. Ronald Miltier

U.S. Court of Appeals for the Fourth Circuit

United States v. Ronald Miltier

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7067

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RONALD MILTIER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:15-cr-00151-RGD-DEM-1; 2:19- cv-00374-RGD)

Submitted: March 29, 2021 Decided: April 5, 2021

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald Miltier, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ronald Miltier seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2255

motion. The order is not appealable unless a circuit justice or judge issues

a certificate of appealability. See

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 the district court denies relief on the merits, a prisoner satisfies

this standard by demonstrating that reasonable jurists could find the district court’s

assessment of the constitutional claims debatable or wrong. See Buck v. Davis,

137 S. Ct. 759, 773-74

(2017). When 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)).

Limiting our review of the record to the issues raised in Miltier’s informal brief, we

conclude that Miltier has not made the requisite showing. See 4th Cir. R. 34(b); see also

Jackson v. Lightsey,

775 F.3d 170, 177

(4th Cir. 2014) (“The informal brief is an important

document; under Fourth Circuit rules, our review is limited to issues preserved in that

brief.”). 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 this court and argument would not aid the decisional

process.

DISMISSED

2

Reference

Status
Unpublished