
    James William BERRY, Sr., Petitioner—Appellant, v. Howard PAINTER, Warden; Thomas McBride, Warden, Respondents—Appellees.
    No. 04-7675.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Feb. 24, 2005.
    Decided: March 7, 2005.
    James William Berry, Sr., Appellant pro se.
    Dawn Ellen Warfield, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellees.
    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
    
      Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

James W. Berry, Sr., seeks to appeal from the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). The order is not appeal-able 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 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 the district court’s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Berry 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 the court and argument would not aid the decisional process.

DISMISSED  