Jason Michael Contreras v. KEITH W. DAVIS, Warden, Sussex II State Prison

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
Certiorari Granted by Supreme Court, March 7, 2016
Vacated and Remanded by Supreme Court, March 7, 2016

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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 review.
Accordingly, we affirm the district court’s order. 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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