UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-8001

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

DARRYL GRIFFIN, a/k/a Big D,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:98-cr-00009-H-4; 4:12-cv-00153-H)

Submitted: February 21, 2013 Decided: February 26, 2013

Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Darryl Griffin, Appellant Pro Se. Edward D. Gray, Jane J. Jackson, Assistant United States Attorneys, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Darryl Griffin seeks to appeal the district court’s

order denying relief on his

(West Supp. 2012)

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 Griffin 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