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    Schlaepfer v. Harkleroad, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frank Robert Schlaepfer, Jr., a state prisoner. Schlaepfer sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and determined that Schlaepfer did not make a substantial showing of the denial of a constitutional right, as required to grant a certificate of appealability. As a result, the Fourth Circuit dismissed Schlaepfer's appeal and denied his motion to proceed in forma pauperis on appeal.

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    Schlaepfer v. Harkleroad, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frank Robert Schlaepfer, Jr., a state prisoner. Schlaepfer sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and determined that Schlaepfer did not make a substantial showing of the denial of a constitutional right, as required to grant a certificate of appealability. As a result, the Fourth Circuit dismissed Schlaepfer's appeal and denied his motion to proceed in forma pauperis on appeal.

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    Filed: 2003-05-05 Precedential Status: Non-Precedential Docket: 03-6400

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frank Robert Schlaepfer, Jr., a state prisoner. Schlaepfer sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and determined that Schlaepfer did not make a substantial showing of the denial of a constitutional right, as required to grant a certificate of appealability. As a result, the Fourth Circuit dismissed Schlaepfer's appeal and denied his motion to proceed in forma pauperis on appeal.

    Copyright:

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    1 views2 pages

    Schlaepfer v. Harkleroad, 4th Cir. (2003)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frank Robert Schlaepfer, Jr., a state prisoner. Schlaepfer sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and determined that Schlaepfer did not make a substantial showing of the denial of a constitutional right, as required to grant a certificate of appealability. As a result, the Fourth Circuit dismissed Schlaepfer's appeal and denied his motion to proceed in forma pauperis on appeal.

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    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 courts 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.
    2253(c)(2) (2000).

    28 U.S.C.

    We have independently reviewed the record and

    conclude Schlaepfer has not made a substantial showing of the


    denial of a constitutional right.
    S.

    Ct.

    1029

    (2003).

    See Miller-El v. Cockrell, 123

    Accordingly,

    appealability and dismiss the appeal.

    we

    deny

    certificate

    of

    We deny Schlaepfers 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

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