Jason Contreras v. Keith Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cv-00772-JCC-TRJ Copies to all parties and the district court/agency. [999546102]. [14-6045]

Appeal: 14-6045

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6045

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Filed: 03/16/2015

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PER CURIAM:
Jason Michael Contreras appeals the district court’s order
dismissing his 28 U.S.C. § 2254 (2012) petition raising a claim
under Miller v. Alabama, 132 S. Ct. 2455 (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 __, 2015 WL 924049 (4th Cir. Mar. 5,
2015).

In Johnson, the Court held that the Miller rule is not

retroactively

applicable

to

cases

on

collateral

Accordingly, we affirm the district court’s order.

review.

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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