UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7178

BRIAN W. STURGEON,

Petitioner - Appellant,

v.

WARDEN, Perry Corr. Inst.,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Henry M. Herlong, Jr., Senior District Judge. (5:15-cv-04784-HMH)

Submitted: December 15, 2016 Decided: December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Brian W. Sturgeon, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, Sherrie Ann Butterbaugh, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Brian W. Sturgeon seeks to appeal the district court’s order

accepting the recommendation of the magistrate judge and 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

Sturgeon 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 contentions are

2 adequately presented in the materials before this court and

argument would not aid the decisional process.

DISMISSED

3