
    UNITED STATES of America, Plaintiff-Appellee, v. Marvin Suntate MOBLEY, Defendant-Appellant.
    No. 17-7054
    United States Court of Appeals, Fourth Circuit.
    Submitted: January 29, 2018
    Decided: February 8, 2018
    Marvin Suntate Mobley, Appellant Pro Se. Amy Elizabeth Ray, Assistant United • States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Ashe-ville, North Carolina, for Appellee.
    Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Marvin Suntate Mobley seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion, The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (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 motion 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 Mobley has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Mobley’s motion to proceed under the Criminal Justice Act and 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  