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United States v. Deborah Frock, 12-8143 (2013)

Court: Court of Appeals for the Fourth Circuit Number: 12-8143 Visitors: 9
Filed: Apr. 22, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-8143 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEBORAH GAIL FROCK, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:09-cr-00093-WDQ-1; 1:11-cv-01495-WDQ) Submitted: April 18, 2013 Decided: April 22, 2013 Before WILKINSON, GREGORY, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Deborah
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 12-8143


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

DEBORAH GAIL FROCK,

                Defendant - Appellant.



Appeal from the United States District Court for the District of
Maryland, at Baltimore.     William D. Quarles, Jr., District
Judge. (1:09-cr-00093-WDQ-1; 1:11-cv-01495-WDQ)


Submitted:   April 18, 2013                 Decided:   April 22, 2013


Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Deborah Gail Frock, Appellant Pro Se.    Rachel Miller Yasser,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

              Deborah      Gail     Frock     seeks    to    appeal       the    district

court’s orders denying relief on her 28 U.S.C.A. § 2255 (West

Supp. 2012) motion and her motion filed under Fed. R. Civ. P.

59(e).     The orders are not appealable unless a circuit justice

or    judge   issues      a     certificate     of    appealability.            28   U.S.C.

§ 2253(c)(1)(B) (2006).             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) (2006).                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 district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive

procedural ruling is debatable, and that the motion states a

debatable claim of the denial of a constitutional right.                             Slack,

529 U.S. at 484-85.

              We have independently reviewed the record and conclude

that Frock has not made the requisite showing.                          Accordingly, we

deny a certificate of appealability and dismiss the appeal.                               We

dispense      with       oral    argument     because       the    facts    and       legal



                                            2
contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.

                                                               DISMISSED




                                   3

Source:  CourtListener

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