United States of America v. Ronald Miltier

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6876
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD MILTIER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Arenda L. Wright Allen, District Judge. (2:15-cr-00151-AWA-DEM-1)
Submitted: March 21, 2023 Decided: March 23, 2023
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ronald Miltier, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronald Miltier seeks to appeal the district court’s order construing his “motion to
vacate in accordance with 28 U.S.C. [§] 455 for judicial abuse and bias” as a 28 U.S.C.
§ 2255 motion and dismissing it as successive and unauthorized. The order is not
appealable unless a circuit justice or judge issues a certificate of appealability. See
28 U.S.C. § 2253(c)(1)(B). 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 motion
states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S.
134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Miltier 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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