UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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