UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6873 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

ROBERT LAWRENCE PAYNE, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District

Judge. (CR-90-20-R; CA-96-920-7)

Submitted: June 10, 2004 Decided: June 16, 2004

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert L. Payne, Appellant Pro Se. Thomas Jack Bondurant, Jr.,

Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

- 2 - PER CURIAM: Robert L. Payne seeks to appeal the district courtÂ’s order denying his motion to reconsider filed under Rule 60(b) of

the Federal Rules of Civil Procedure. 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.§ 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 (2003); Slack v. McDaniel

, 529 U.S. 473, 484 (2000); Rose v. Lee

, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Payne has not made the

requisite showing. Accordingly, we deny a certificate of

appealability and di smiss 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