
    Gerald Ernest MANNING, Jr., Petitioner—Appellant, v. R. David MITCHELL, Respondent—Appellee.
    No. 07-6263.
    United States Court of Appeals, Fourth Circuit.
    Submitted: June 21, 2007.
    Decided: June 28, 2007.
    Gerald Ernest Manning, Jr., Appellant Pro Se. Mary Carla Hollis, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.
    Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit.
   PER CURIAM:

Gerald Ernest Manning, Jr., seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 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. § 2258(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 Manning has not made the requisite showing. Accordingly, we deny Manning’s motion for a certificate of appealability and dismiss the appeal. We deny Manning’s motion for appointment of counsel and 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.  