Coleman v. Quarterman ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 18, 2008
No. 07-10303
Summary Calendar Charles R. Fulbruge III
Clerk
WILLIAM FREDRICK COLEMAN
Petitioner-Appellant
v.
NATHANIEL QUARTERMAN, 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 No. 3:06-CV-1507
USDC No. 3:06-CV-1508
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
William Fredrick Coleman, Texas prisoner # 1175205, appeals the district
court’s denial of his 28 U.S.C. § 2254 application for habeas relief, in which
Coleman challenged his conviction for aggravated sexual assault of a child. A
certificate of appealability (COA) was granted as to whether Coleman’s guilty
*
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should not be published and is not precedent except under the limited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. 07-10303
plea was voluntary. This court also directed the parties to address whether
Coleman’s application was time barred.
Coleman devotes his entire appellate brief to the time bar issue and
merely concludes in his reply brief that his plea was involuntary and refers this
court to arguments he raised in previous district court pleadings. Even if
Coleman has not waived review of this issue, see Brinkmann v. Dallas County
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987), he has failed to
demonstrate that his guilty plea was involuntary and that the district court
erred in denying him habeas relief based on the merits of this claim.
Resolution of the remaining question specified in the grant of the COA
regarding the timeliness of Coleman’s § 2254 application is therefore
unnecessary. See Scott v. Johnson, 227 F.3d 260, 262 (5th Cir. 2000). The
district court’s judgment is AFFIRMED.
2