UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7427

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SCOTT TREMAYNE GRIFFIN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CR-99-68; CA-02-72-2)

Submitted: December 16, 2004 Decided: December 23, 2004

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Scott Tremayne Griffin, Appellant Pro Se. Laura P. Tayman, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Scott Tremayne Griffin seeks to appeal the district

court’s order denying relief on his motion to reconsider under Fed.

R. Civ. P. 60(b), filed in his underlying

(2000)

action. The order is not appealable unless a circuit justice or

judge issues a certificate of appealability.

(c)(1) (2000); Reid v. Angelone,

(4th

Cir. 2004). A certificate of appealability will not issue absent

“a substantial showing of the denial of a constitutional right.”

(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell,

(2003);

Slack v. McDaniel,

(2000); Rose v. Lee,

(4th Cir. 2001). We have independently reviewed the

record and conclude that Griffin 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 the court and argument would not aid the

decisional process.

DISMISSED

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