Charles R. LABOONE, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellee, 155 F. App'x 679

PER CURIAM: Charles R. LaBoone seeks to appeal the district court’s order denying relief on his motion filed under Fed.R.Civ.P. 60(b). The district court found that LaBoone’s motion actually sought relief under 28 U.S.C. § 2254 (2000), and dismissed the action because he failed to first obtain authorization from this court to file a successive § 2254 petition. See 28 U.S.C. § 2244(b) (2000). The order is not appeal-able 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 the district court’s assessment of his constitutional claims is 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, 336-38, 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 LaBoone 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 the court and argument would not aid the decisional process. DISMISSED