
    Virgil CULBREATH, Petitioner-Appellant, v. Kenneth B. WEADON, Respondent-Appellee.
    No. 16-7333
    United States Court of Appeals, Fourth Circuit.
    Submitted: February 23, 2017
    Decided: March 29, 2017
    
      Virgil Culbreath, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Ap-pellee.
    Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge.
   Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Virgil Culbreath seeks to appeal the district court’s order granting the Respondent’s Fed. R. Civ. P, 59(e) motion, accepting the recommendation of the magistrate judge, and denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (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 petition 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 Culbreath has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauper-is, 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  