UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7125

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JESUS MARIO DE LA O, a/k/a Jesus Mario Delao,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Glen E. Conrad, Chief District Judge. (5:09-cr-00042-GEC-JGW-1; 5:11-cv-80338-GEC)

Submitted: November 15, 2011 Decided: November 18, 2011

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jesus Mario De La O, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jesus Mario De La O seeks to appeal the district

court’s order denying relief on his

(West Supp. 2011) motion. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

(c)(1)(B) (2006). A certificate of

appealability will not issue absent “a substantial showing of

the denial of a constitutional right.”

(c)(2).

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 De La O 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

2 presented in the materials before the court and argument would

not aid the decisional process.

DISMISSED

3