UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-7187

MICHAEL E. HERNANDEZ,

Petitioner - Appellant,

v.

DAVID MITCHELL,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:14-cv-00359-FDW)

Submitted: November 18, 2014 Decided: November 21, 2014

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael E. Hernandez, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Michael E. Hernandez seeks to appeal the district

court’s order denying relief on his

(2012)

petition. The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.

(c)(1)(A) (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 petition states a

debatable claim of the denial of a constitutional right. Slack,

.

We have independently reviewed the record and conclude

that Hernandez has not made the requisite showing. Accordingly,

we deny Hernandez’s motion to appoint counsel, deny leave to

proceed in forma pauperis, 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

2 materials before this court and argument would not aid the

decisional process.

DISMISSED

3