
    Larriante SUMBRY, Petitioner-Appellant, v. INDIANA STATE PRISON; Ed G. Buss; Indiana Governor, Respondents-Appellees.
    No. 06-7426.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Oct. 17, 2006.
    Decided: Oct. 24, 2006.
    Larriante Sumbry, Appellant Pro Se.
    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
    
      Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Larriante Sumbry 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 appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of ap-pealability 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 disposi-tive procedural ruling by the district court is likewise debatable. Miller-El v. Cock-rell, 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 Sumbry has not made the requisite showing. Accordingly, we deny Sumbry’s “request to convert common law appeal into an exclusive remedy tort,” 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.  