Angela Miller v. J. D. Sallaz ( 2023 )

USCA4 Appeal: 22-7180 Doc: 15 Filed: 06/26/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7180
ANGELA DAWN MILLER,
Petitioner - Appellant,
v.
J. D. SALLAZ, Superintendent,
Respondent - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Beckley. Frank W. Volk, District Judge. (5:20-cv-00661)
Submitted: June 22, 2023 Decided: June 26, 2023
Before HARRIS and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Angela Dawn Miller, Appellant Pro Se. Lindsay Sara See, OFFICE OF THE ATTORNEY
GENERAL, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7180 Doc: 15 Filed: 06/26/2023 Pg: 2 of 2
PER CURIAM:
Angela Dawn Miller seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing as untimely Miller’s 28 U.S.C.
§ 2254 petition. The order is not appealable unless a circuit justice or judge issues a
certificate of appealability. See Gonzales v. Thaler, 565 U.S. 134, 148 & n.9 (2012)
(explaining that § 2254 petitions are subject to one-year statute of limitations, running from
the latest of four commencement dates enumerated in 28 U.S.C. § 2244(d)(1)). 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, as here, 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. Gonzalez, 565 U.S. at 140-41 (citing Slack v. McDaniel, 529 U.S. 473,
484 (2000)).
We have independently reviewed the record and conclude that Miller has not made
the requisite showing. 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
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