UNITED STATES of America, Plaintiff-Appellee, v. Jason ORTEGA, Defendant-Appellant, 217 F. App'x 282

PER CURIAM: Jason Ortega seeks to appeal the district court’s order construing his 18 U.S.C. § 3582(c)(2) (2000) motion as a 28 U.S.C. § 2255 (2000) motion and dismissing as untimely. 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dis-positive procedural ruling by the district court is likewise debatable. 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, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Ortega 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.