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No. 15-6670
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge.
(1:09-cr-00414-JCC-2; 1:14-cv-00364-JCC; 1:09cr-00414-JCC-3; 1:14-cv-00060-JCC)
Submitted:
Decided:
PER CURIAM:
Deshawn
Anderson
and
Marvin
Wayne
Williams,
Jr.,
appealable
unless
circuit
certificate of appealability.
A
certificate
of
justice
or
issues
appealability
will
not
issue
absent
on
the
demonstrating
district
merits,
that
courts
debatable
or
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
473,
484
is
debatable,
and
that
the
motion
states
debatable
at 484-85.
Appellants complain that the district court denied their
postjudgment motion to amend their action to include a claim
pursuant to Miller v. Alabama, 132 S. Ct. 2455 (2012).
The
Miller claim was raised more than one year after Appellants
convictions became final.
181, 186 (4th Cir. 2001) (conviction becomes final once Supreme
Court denies petition for certiorari).
original
pleading.
Fed.
R.
Civ.
P.
15(c)(1)(B);
United
States v. Pittman, 209 F.3d 314, 318 (4th Cir. 2000) (holding
new claim must be of same time and type as original claims).
Because leave to amend may be denied when the proposed claim
would be time-barred, Pittman, 209 F.3d at 317, we conclude that
any error by the district court was harmless, as the motion
would have been denied under Rule 15(c). *
We
have
independently
that Appellants
have
not
reviewed
made
the
the
records
requisite
and
conclude
showing
for
Accordingly, we
with
contentions
are
oral
arguments
adequately
because
presented
in
the
the
the
facts
and
materials
We
legal
before
this court and argument would not aid the decisional process.
DISMISSED
*