UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-7649

CHARLES FRANK CANALE, JR.,

Petitioner - Appellant,

v.

HAROLD W. CLARKE, Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:16-cv-00400-REP-RCY)

Submitted: April 19, 2018 Decided: April 23, 2018

Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Domingo J. Rivera, DOMINGO J. RIVERA, ATTORNEY AT LAW, PLC, Ashburn, Virginia, for Appellant.

Unpublished opinions are not binding precedent in this circuit.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

Charles Frank Canale, Jr., seeks to appeal the district court’s order denying relief on

his

(2012) petition and its subsequent order denying his motion to alter

or amend judgment. The orders are not appealable unless a circuit justice or judge issues

a certificate of appealability. See

(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 Canale 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

adequately presented in the materials before this court and argument would not aid the

decisional process.

DISMISSED

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