UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7160

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RONNIE D. RAINEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:10-cr-00199-D-1; 5:12-cv-00778-D)

Submitted: December 20, 2013 Decided: January 28, 2014

Before GREGORY, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronnie D. Rainey, Appellant Pro Se. Jason Harris Cowley, Evan Rikhye, Assistant United States Attorneys, Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ronnie D. Rainey seeks to appeal the district court’s

order denying relief on his

(2012) motion. The

order is not appealable unless a circuit justice or judge issues

a certificate of appealability.

(c)(1)(B)

(2012). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.”

(c)(2) (2012). 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 Rainey 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