UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7660

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

STEVE DIAS, a/k/a Troy, a/k/a O’Neil Guthrie,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:04-cr-00259-HEH-2; 3:07-cv-00384-HEH)

Submitted: January 13, 2009 Decided: January 16, 2009

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steve Dias, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Steve Dias seeks to appeal the district court’s order

treating his petition for a writ of audita querela as a

(2000) motion, and dismissing it as successive.

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 any assessment of the constitutional claims by the district

court is debatable or wrong and that any dispositive procedural

ruling by the district court is likewise debatable. Miller-El

v. Cockrell,

(2003); Slack v. McDaniel,

(2000); Rose v. Lee,

(4th

Cir. 2001). We have independently reviewed the record and

conclude that Dias 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

2 before the court and argument would not aid the decisional

process.

DISMISSED

3