
    Kenny Drew SAYRE, Sr., Petitioner—Appellant, v. Thomas MCBRIDE, Respondent— Appellee.
    No. 04-7120.
    United States Court of Appeals, Fourth Circuit.
    Submitted Aug. 26, 2004.
    Decided Sept. 3, 2004.
    
      Kenny Drew Sayre, Sr., Appellant pro se. Dawn Ellen Warfield, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellee.
    Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM.

Kenny Drew Sayre, Sr., a state prisoner, seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and denying relief on his petition filed under 28 U.S.C. § 2254 (2000), on the ground that Sayre did not meet the “in custody” requirement of § 2254(a). 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 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 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  