
    
      This case was not selected for publication in the Federal Reporter UNPUBLISHED
    
    Kenny Drew SAYRE, Sr., Petitioner—Appellant, v. Thomas MCBRIDE, Warden, Respondent—Appellee.
    No. 06-7542.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Nov. 21, 2006.
    Decided: Dec. 4, 2006.
    Kenny Drew Sayre, Sr., Appellant Pro Se. Dawn Ellen Warfield, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellee.
    Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenny Drew Sayre, Sr., seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as successive Sayre’s 28 U.S.C. § 2254 (2000) petition. The order is not appealable 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 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. 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 Sayre 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.  