UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7514

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANTHONY DWAYNE TERRY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:03-cr-00012-JCC-1; 1:11-cv-01044-JCC)

Submitted: March 15, 2012 Decided: March 19, 2012

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Anthony Dwayne Terry, Appellant Pro Se. Patrick Friel Stokes, UNITED STATES DEPARTMENT OF JUSTICE, Washington, DC, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Anthony Dwayne Terry seeks to appeal the district

court’s order dismissing as untimely and unauthorized his

successive

(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 Terry has not made the requisite showing. Accordingly, we

deny Terry’s motion for a certificate of appealability and

dismiss the appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

2 materials before the court and argument would not aid the

decisional process.

DISMISSED

3