Robert Miller, Jr. v. Warden BRCI

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999545554-2] Originating case number: 1:14-cv-00483-RBH Copies to all parties and the district court/agency. [999638992]. Mailed to: Robert Miller. [15-6349]

Appeal: 15-6349

Doc: 10

Filed: 08/12/2015

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6349

ROBERT JAMES MILLER, JR.,
Petitioner – Appellant,
v.
WARDEN, Broad River Correctional Institution,
Respondent – Appellee,
and
BRIAN STIRLING,
Corrections,

Director

South

Carolina

Department

of

Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
R. Bryan Harwell, District Judge.
(1:14-cv-00483-RBH)

Submitted:

July 28, 2015

Decided:

August 12, 2015

Before SHEDD, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert James Miller, Jr., Appellant Pro Se.
James Anthony
Mabry, Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Appeal: 15-6349

Doc: 10

Filed: 08/12/2015

Pg: 2 of 4

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 15-6349

Doc: 10

Filed: 08/12/2015

Pg: 3 of 4

PER CURIAM:
Robert
court’s
judge

James

order

and

Miller,

accepting

dismissing

without prejudice.
justice

or

Jr.,

the

his

seeks

to

appeal

recommendation

28

U.S.C.

§

of

2254

the

the

district

magistrate

(2012)

petition

judge

The order is not appealable unless a circuit
issues

a

certificate

U.S.C. § 2253(c)(1)(A) (2012).

of

appealability.

28

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) (2012).

When the

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

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the petition states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Miller has not made the requisite showing.

Accordingly, we deny

Miller’s motion for 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
3

Appeal: 15-6349

before

Doc: 10

this

court

Filed: 08/12/2015

and

Pg: 4 of 4

argument

would

not

aid

the

decisional

process.
DISMISSED

4