
    UNITED STATES of America, Plaintiff—Appellee, v. Jose Antonio GARCIA, Defendant—Appellant.
    No. 05-6172.
    United States Court of Appeals, Fourth Circuit.
    Submitted: April 14, 2005.
    Decided: April 21, 2005.
    Jose Antonio Garcia, Appellant pro se.
    Miller Williams Shealy, Jr., Office of the United States Attorney, Charleston, South Carolina, for Appellee.
    
      Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Jose Antonia Garcia seeks to appeal the district court’s order dismissing as untimely his petition filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken from the final order in a habeas corpus proceeding 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 for claims addressed by a district court 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 Garcia has not made the requisite showing to obtain a certificate of appealability. We, therefore, 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  