UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6985

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ISABEL GONZALEZ, a/k/a Chabello, a/k/a Isabel Garcia,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:00-cr-00077-BO-1; 5:02-cv-00726-BO)

Submitted: January 13, 2011 Decided: January 19, 2011

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Isabel Gonzalez, Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Isabel Gonzalez seeks to appeal the district court’s

order denying his Fed. R. Civ. P. 60(b) motion for

reconsideration of the district court’s order denying relief on

his

(West Supp. 2010) motion. The order is

not appealable unless a circuit justice or judge issues a

certificate of appealability.

(c)(1) (2006);

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) (2006). When the district court denies

relief on the merits, a prisoner satisfies this standard by

demonstrating that reasonable jurists would find that the

district court’s assessment of the constitutional claims is

debatable or wrong. Slack v. McDaniel,

(2000); see Miller-El v. Cockrell,

(2003).

When 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. Slack,

. We have independently reviewed the record and

conclude that Gonzalez 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

2 and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional

process.

DISMISSED

3