UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7215

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALTON R. HENRY, a/k/a Bajo,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CR-00-150-2; CA-01-528-2)

Submitted: December 16, 2004 Decided: December 21, 2004

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alton Henry, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Alton Henry, a federal prisoner, seeks to appeal the

district court’s order construing his motion filed under Fed. R.

Civ. P. 60(b) as a second or successive motion under

(2000), and dismissing it for lack of jurisdiction. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

(c)(1) (2000);

Reid v. Angelone,

, 374 n.7 (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 Henry 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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