UNITED STATES of America, Plaintiff-Appellee, v. Terry Leon ALLRED, Defendant-Appellant, 119 F. App'x 444

PER CURIAM. Terry Leon Allred seeks to appeal the district court’s order construing his post-conviction motion as a motion under 28 U.S.C. § 2255 (2000) and dismissing the motion as successive. An appeal may not be taken from the final order in a § 2255 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Allred has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

To the extent that Allred’s informal brief and notice of appeal could be construed as a motion for authorization to file a successive § 2255 motion, we deny such authorization. United States v. Winestock, 340 F.3d 200, 208 (4th Cir.), cert. denied, 540 U.S. 995, 124 S.Ct. 496, 157 L.Ed.2d 395 (2003). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED. By order filed April 20, 2004, this appeal was placed in abeyance for Jones v. Braxton, No. 03-6891.

In view of our recent decision in Reid v. Angelone, 369 F.3d 363 (4th Cir.2004), we no longer find it necessary to hold this case in abeyance for Jones.