**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 8072** 

FREDDIE EUGENE CASEY , Petitioner

- Appellant ,
v. BUCKINGHAM CORRECTIONAL CENTER WARDEN , Respondent

- Appellee
.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke
. James P. Jones , District Judge. ( 7:97

- cv - 00466

- JPJ )

Submitted : March 26 , 2013 Decided: March 28, 2013

Before DUNCAN, FLOYD, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion
. Freddie Eugene Casey, Appellant Pro Se. Kathleen Beatty Martin, Senior Assistant Attorney General, Richmond, Virginia; Lisa Rae McKeel, Assistant United States Attorney, Newport News, Virginia, for Appel lee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Freddie Eugene Casey seeks to appeal the district court’s order treating his Fed. R. Civ. P. 60(b) motion as a successive 28 U.S.C. § 2254 (2006) petition, and dismissing it on that basis. 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) ; Reid v. Angelone , 369 F.3d 363, 369 (4th Cir. 2004). 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 di strict court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner m ust demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Case y has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.3 Additionally, we construe Casey’s notice of appeal and informal brief as an application to file a second or successive
§ 2254 petition. Unit ed States v. Winestock , 340 F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2254 petition, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactiv e by the Supreme Court to cases on collateral review; or (2) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable f actfinder would have found the petitioner guilty of the offense. 28 U.S.C.
§ 2244(b)(2) (2006)
. Casey’s claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2254 petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional
process.

DISMISSED