
    Luke ALLEN, Plaintiff—Appellant, v. Joseph M. BROOKS, Warden, Defendant—Appellee.
    No. 04-7153.
    United States Court of Appeals, Fourth Circuit.
    Submitted Oct. 14, 2004.
    Decided Oct. 22, 2004.
    Luke Allen, Appellant pro se.
    Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM.

Luke Allen seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2241 (2000), but construed by the district court as a motion filed under 28 U.S.C. § 2255 (2000). We find that the district court properly construed Allen’s motion as one filed under § 2255. An appeal may not be taken from the final order in a § 2255 proceeding 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 his constitutional claims are debatable 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, 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 (4th Cir.2001). We have independently reviewed the record and conclude that Allen has not made the requisite showing. Accordingly, we deny Allen’s motion for 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  