UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                               No. 13-6652


CHRISTIAN ISRAEL LAVANDERA-HERNANDEZ,

                      Petitioner – Appellant,

          v.

DUANE TERRELL, Superintendent; ROBERT C. LEWIS, Director of
Prisons; THEODIS BECK, Secretary,

                      Respondents - Appellees.



Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:12-cv-00553-TDS-LPA)


Submitted:   August 29, 2013                 Decided:   September 4, 2013


Before DUNCAN, AGEE, and KEENAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Christian Israel Lavandera-Hernandez, Appellant Pro Se. Clarence
Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE,
Raleigh, North Carolina, for Appellees.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

            Christian Israel Lavandera-Hernandez seeks to appeal

the    district     court’s      order    denying     relief        on    his   28    U.S.C.

§ 2254 (2006) petition.             The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

28     U.S.C.      § 2253(c)(1)(A)          (2006).             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)

(2006).    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, 

, 484 (2000); see Miller-El v.

Cockrell, 

, 336-38 (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 petition states a debatable claim of the

denial of a constitutional right.                

.

            We have independently reviewed the record and conclude

that   Lavandera-Hernandez          has    not    made    the       requisite     showing.

Accordingly, we deny a certificate of appealability, deny leave

to    proceed    in   forma      pauperis,      and   dismiss        the    appeal.       We

dispense     with     oral     argument      because      the        facts      and    legal



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contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.



                                                               DISMISSED




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