Robert L. GROOMS, Jr., Petitioner-Appellant, v. SUPERINTENDENT, VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent-Appellee, 140 F. App'x 477

PER CURIAM: Robert L. Grooms, Jr., seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000) without prejudice. The order is not appealable 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 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 by the district court 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 Grooms has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

We also deny Grooms’ motion to appoint counsel and motion for leave to proceed in forma pauperis. 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