UNITED STATES of America, Plaintiff-Appellee, v. Joseph DIBRUNO, Jr., Defendant-Appellant, 678 F. App'x 113

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joseph DiBruno, Jr., seeks to appeal the district, court’s order denying his Fed. R. Civ. P. 60(

b) motion for reconsideration of the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. DiBru-no contends that his motion was not intended as a successive § 2255 motion and we agree. We therefore construe it as a true Rule 60(

b) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). 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, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v.

Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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 motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that DiBruno has not made the requisite showing. Although the district court’s procedural ruling may be debatable, DiBruno’s motion did not state a debatable claim of a constitutional right.

Accordingly, we deny a certificate of ap-pealability 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