
    Marlon RIVERA, Petitioner-Appellant, v. WARDEN TYGER RIVER CORRECTIONAL INSTITUTION, Respondent-Appellee, and State of South Carolina, Respondent.
    No. 17-7369
    United States Court of Appeals, Fourth Circuit.
    Submitted: December 19, 2017
    Decided: December 22, 2017
    Marlon Rivera, Appellant Pro Se.
    Before SHEDD, AGEE, and DIAZ, Circuit Judges.
   Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Marlon Rivera seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2264 (2012) petition without prejudice as an unauthorized successive petition. The order is not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2263(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. § 2263(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 Rivera has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Rivera’s motion for transcripts at government expense, 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  