Newton vs. Johnson, (5th Cir. 2000)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50114 Summary Calendar JOHN WADE NEWTON, Petitioner-Appellant, VERSUS GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. A-98-CV-662-JN May 17, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: * John Wade Newton, Texas state prisoner #811048, appeals from the district co urtÂ’s dismissal of his federal habeas petition as time-barred. Because Newton failed to address in his appellate brief the issue upon which this court granted a certificate of appealability, whether the district court erred by dismissing his habeas petition as time-barred, he has abandoned this issue. See Yohey v. Collins , 985 F.2d 222, 225 (5th Cir. 1993). Accordingly, the judgment of the district court is AFFIRMED. NewtonÂ’s motion for time enlargement, construed as a motion for an extension of time in which to file a reply brief, is DENIED.

AFFIRMED; MOTION DENIED.

No. 99-50114

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