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

**No. 13**  **- 7401** 

DAVID CAESAR , Petitioner

- Appellant ,
v. ANTHONY J. PADULA, Warden , Respondent

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill
. Mary G. Lewis , District Judge. ( 0:12

- cv - 00316

- MGL )

Submitted : March 26, 2014 Decided: April 3, 2014

Before SHEDD and DIAZ , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Dismissed by un published per curiam opinion
. David Caesar, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, William Edgar Salter, III, Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this cir cuit.2 PER CURIAM: David Caesar seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as unauthorized and successive his 28 U.S.C. § 2254 (2012) petition. Caesar also seeks to appeal the district

c ourt’s order treating his Fed. R. Civ. P. 60(b) motion as a successive 28 U.S.C. § 2254 petition, and dismissing it on that basis. The order s are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)( 1)(A) (2012). 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) (2012). 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 , 529 U.S. 473, 484 (2000); see Miller

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

- 38 (2003). When the distr ict 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. Slack , 529 U.S. at 484

- 85.3 We have independently reviewed the record and conclude that Caesar has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. Additionally, we construe Caesar ’s notice of appeal as to the district court’s denial of relief on his Rule 60(b) motion and informal brief as an application to file a second or successive § 2254 petition. United States v. Winestock , 340 F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to f ile a successive § 2254 petition, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence, not previo usly discoverable by due diligence, that would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the offense. 28 U.S.C.
§ 2244(b)(2) (2012)
. Caesar ’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 co urt and argument would not aid the decisional
process. DISMISSED