UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7523 CHRISTOPHER L. LASH, SR., Petitioner - Appellant, versus

COMMONWEALTH OF VIRGINIA, Respondent - Appellee. Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Gerald Bruce Lee, District

Judge. (CA-03-678-AM)

Submitted: February 25, 2004 Decided: March 15, 2004

Before WIDENER, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher L. Lash, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

- 2 - PER CURIAM: Christopher L. Lash, Sr., seeks to appeal the district courtÂ’s order denying relief without prejudice on his petition

filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken

from the final order in a § 2254 proceeding 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 Lash has not made the requisite showing.

Accordingly, we 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