UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6410

DALE SHOOP,

Petitioner - Appellant,

v.

RALPH TERRY, Acting Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Senior District Judge. (1:15-cv-00047-IMK)

Submitted: August 16, 2018 Decided: August 21, 2018

Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dale Shoop, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Dale Shoop 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 Shoop has not made

the requisite showing. Accordingly, we deny Shoop’s motion for a certificate of

appealability, deny leave to proceed in forma pauperis, 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

2