Balderrama v. Dretke ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                 October 22, 2003
    Charles R. Fulbruge III
    Clerk
    No. 02-11186
    Conference Calendar
    JOSE L. G. BALDERRAMA,
    Petitioner-Appellant,
    versus
    DOUG DRETKE, DIRECTOR,
    TEXAS DEPARTMENT OF CRIMINAL
    JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
    Respondent-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC Nos. 2:00-CV-357; 2:00-CV-358
    --------------------
    Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
    PER CURIAM:*
    Jose L. G. Balderrama, Texas prisoner #871879, appeals from
    the district court’s dismissal of his federal habeas petition as
    time-barred.   Because Balderrama fails to address in his original
    appellate brief the issues upon which this court granted a
    certificate of appealability, such issues are deemed abandoned.
    See Cinel v. Connick, 
    15 F.3d 1338
    , 1345 (5th Cir. 1994).       We
    decline to address the arguments presented in Balderrama’s reply
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 02-11186
    -2-
    brief since they constitute newly-raised issues that are non-
    responsive to the arguments presented in the Respondent-
    Appellee’s brief.   See Stevens v. C.I.T. Group/Equip. Fin., Inc.,
    
    955 F.2d 1023
    , 1026 (5th Cir. 1992).
    AFFIRMED.
    

Document Info

Docket Number: 02-11186

Judges: King, Jolly, Stewart

Filed Date: 10/21/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024