Douglas Frasch v. Robert Koppel, No. 08-6636 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6636 DOUGLAS ALAN FRASCH, Petitioner - Appellant, v. ROBERT KOPPEL, Warden; DOUGLAS F. GANSLER, Attorney General of the State of Maryland, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:03-cv-02482-JFM) Submitted: January 30, 2009 Decided: February 13, 2009 Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. David Warren Lease, SMITH, LEASE & GOLDSTEIN, LLC, Rockville, Maryland, for Appellant. Mary Ann Rapp Ince, Assistant Attorney General, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Douglas court s order petition. Alan denying Frasch relief seeks on to 28 U.S.C. his appeal § 2253(c)(1) (2000). absent constitutional prisoner district § 2254 (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. issue the a A certificate of appealability will not substantial right. satisfies reasonable jurists constitutional See 28 U.S.C. 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that district of (2006). A demonstrating any assessment court is a that of the debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Frasch has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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