
    Johnnie Lee JUSTICE, Petitioner—Appellant, v. Commonwealth of VIRGINIA, Respondent—Appellee.
    No. 08-6057.
    United States Court of Appeals, Fourth Circuit.
    Submitted: April 24, 2008.
    Decided: April 29, 2008.
    Johnnie Lee Justice, Appellant Pro Se.
    Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge.
   PER CURIAM:

Johnnie Lee Justice seeks to appeal the district court’s order construing his petition filed under 28 U.S.C. § 2241 (2000), as a successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 (2000), and dismissing it on that basis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. 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 Justice has not made the requisite showing. Accordingly, we deny a certificate of ap-pealability 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.  