UNITED STATES of America, Plaintiff-Appellee, v. Lany Antonio SIMMONS, Defendant-Appellant, 704 F. App'x 275

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry Antonio Simmons seeks to appeal the district court’s order construing Simmons’ “motion to be resentenced without the [21 U.S.C. § ] 851 [ (2012) ] enhancement” as a 28 U.S.C. § 2255 (2012) motion and dismissing it as a second or successive § 2255 motion filed without authorization. We conclude that the district court correctly determined that Simmons’ motion was in substance a successive § 2255 motion.

The district court’s order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of ap-pealability 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 Simmons 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 this court and argument would not aid the decisional process. DISMISSED