Schlaepfer v. Harkleroad

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 5, 2003
• Docket: 03-6400
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6400

FRANK ROBERT SCHLAEPFER, JR.,

Petitioner - Appellant,

versus

SID HARKLEROAD, Administrator, Marion Correctional Institution; THEODIS BECK, Secretary of the North Carolina Department of Corrections,

Respondents - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CA-02-66-1)

Submitted: April 24, 2003 Decided: May 5, 2003

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Frank Robert Schlaepfer, Jr., Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Frank Robert Schlaepfer, Jr., a state prisoner, seeks to

appeal the district court’s order denying relief on his petition

filed under 28 U.S.C. § 2254 (2000). This Court may only grant a

certificate of appealability if the appellant makes a substantial

showing of the denial of a constitutional right. 28 U.S.C. §

2253(c)(2) (2000). We have independently reviewed the record and

conclude Schlaepfer has not made a substantial showing of the

denial of a constitutional right. See Miller-El v. Cockrell, 123

S. Ct. 1029 (2003). Accordingly, we deny a certificate of

appealability and dismiss the appeal. We deny Schlaepfer’s motion

to proceed in forma pauperis on 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