UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7014

HERBERT MCDOWELL,

Petitioner - Appellant,

v.

JOSEPH MCFADDEN, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Timothy M. Cain, District Judge. (2:14-cv-04650-TMC)

Submitted: November 17, 2015 Decided: November 20, 2015

Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Herbert McDowell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Herbert McDowell seeks to appeal the district court’s order

accepting the recommendation of the magistrate judge and

dismissing as successive 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

McDowell 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