UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7523

SILVANO GUERRA DIAZ,

Petitioner - Appellant,

versus

REGINALD WEISNER,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. Graham C. Mullen, Senior

District Judge. (3:06-cv-00081)

Submitted: August 17, 2007 Decided: September 20, 2007

Before WILKINSON and DUNCAN, Circuit Judges, and WILKINS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Silvano Guerra Diaz, Appellant Pro Se. Clarence Joe DelForge, III,

NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Silvano Guerra Diaz seeks to appeal the district court's order denying relief on his 28U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28U.S.C. § 2253(c)(1) (2000).

A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28U.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. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have independently reviewed the record and conclude that Diaz has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Diaz's motion for appointment of counsel 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