UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7068

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MOHAMMAD ASHRAF MOHAMMAD-OMAR,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:07-cr-00425-CMH-3; 1:10-cv-01112-CMH)

Submitted: February 9, 2012 Decided: February 13, 2012

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mohammad Ashraf Mohammad-Omar, Appellant Pro Se. Lawrence Joseph Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Mohammad Ashraf Mohammad-Omar seeks to appeal the

district court’s order denying him leave to amend his previously

denied

(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) (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 Mohammad-Omar 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