Filed: Feb. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7532 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HENRY EARL MILLER, a/k/a Stef, Stefan, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:04-cr-00022-JMC-3; 6:17-cv-00805- JMC) Submitted: February 21, 2019 Decided: February 26, 2019 Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges. Dismissed by un
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7532 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HENRY EARL MILLER, a/k/a Stef, Stefan, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:04-cr-00022-JMC-3; 6:17-cv-00805- JMC) Submitted: February 21, 2019 Decided: February 26, 2019 Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges. Dismissed by unp..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7532
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HENRY EARL MILLER, a/k/a Stef, Stefan,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. J. Michelle Childs, District Judge. (6:04-cr-00022-JMC-3; 6:17-cv-00805-
JMC)
Submitted: February 21, 2019 Decided: February 26, 2019
Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Henry Earl Miller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Henry Earl Miller seeks to appeal the district court’s orders denying relief on his
28 U.S.C. § 2255 (2012) motion and denying reconsideration. The orders are not
appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(B) (2012). 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
(2000); see Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003). 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.
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 a certificate of appealability, deny Miller’s
motions to answer a jurisdictional question and to consolidate this appeal with another
pending appeal, 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