UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-6985

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

OSCAR DIAZ, a/k/a Chico,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (1:10-cr-00034-WMN-1; 1:12-cv-03414-WMN)

Submitted: November 6, 2013 Decided: November 21, 2013

Before WILKINSON, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Oscar Diaz, Appellant Pro Se. Rod J. Rosenstein, United States Attorney, Rachel Miller Yasser, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Oscar Diaz seeks to appeal the district court’s order

dismissing as untimely his

(West Supp. 2013)

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 Diaz 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

2 contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

DISMISSED

3