UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-7329

THOMAS M. TULLY,

Petitioner - Appellant,

v.

HAROLD CLARKE,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Michael F. Urbanski, Chief District Judge. (7:18-cv-00571-MFU-RSB)

Submitted: January 23, 2020 Decided: January 28, 2020

Before WYNN, DIAZ, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas M. Tully, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Thomas M. Tully seeks to appeal the district court’s order dismissing as successive

his

(2018) petition. The order is not appealable unless a circuit justice

or judge issues a certificate of appealability. See

(c)(1)(A) (2018).

A certificate of appealability will not issue absent “a substantial showing of the denial of a

constitutional right.”

(c)(2) (2018). 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 Tully has not made

the requisite showing. Accordingly, we deny Tully’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

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