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UNITED STATES v. MILTIER (2021)

United States Court of Appeals, Fourth Circuit.2021-04-05No. No. 20-7067

Summary

Holding. The appeal is dismissed because Miltier did not make the requisite showing to obtain a certificate of appealability.

Ronald Miltier appealed a district court's denial of his § 2255 motion seeking post-conviction relief. To proceed with an appeal of such a denial, Miltier was required to obtain a certificate of appealability, which requires showing that reasonable jurists could find the district court's decision debatable or that he presented a debatable constitutional claim. The Fourth Circuit examined only the issues Miltier raised in his informal brief, as required by circuit rules, and determined he failed to satisfy the legal standard for obtaining such a certificate.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Certificate of appealability standard under 28 U.S.C. § 2253(c)
  • Substantial showing of denial of constitutional right
  • Issues properly preserved in informal brief

Procedural posture

Miltier sought appellate review of a district court order denying his § 2255 motion for post-conviction relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Ronald Miltier seeks to appeal the district courts 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 courts assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773-74, 197 L.Ed.2d 1 (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, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

Limiting our review of the record to the issues raised in Miltiers 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

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.