
    UNITED STATES of America, Plaintiff-Appellee, v. David Michael SCATES, Defendant-Appellant.
    No. 12-8063.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Feb. 21, 2013.
    Decided: Feb. 26, 2013.
    David Michael Scates, Appellant Pro Se. Stephen Wiley Miller, Assistant United States Attorney, Noelle Dalrymple, Office of the United States Attorney, Richmond, Virginia, for Appellee.
    Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   PER CURIAM:

David Michael Scates seeks to appeal the district court’s order construing his “Motion to Correct Criminal Judgment” as a successive 28 U.S.C.A. § 2255 (West Supp.2012) motion, and dismissing it on that basis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). 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 Scates 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.  