Graves v. Johnson

* 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that this opinion should not be published and is not precedent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.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10639
Summary Calendar
RICKIE LYNN GRAVES,
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 Northern District of Texas
(5:00-MC-19-C)
November 21, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Rickie Lynn Graves, Texas prisoner # 645074, seeks a
certificate of appealability (COA) to appeal the district court’s
denial of his motion for leave to file a 28 U.S.C. § 2254
application. Graves had previously been sanctioned by a 29 August
1994 order prohibiting him from filing any lawsuits in the Northern
District of Texas without first obtaining permission of a district
judge.

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2
The district court denied Graves’ motion, stating that he had
failed to show cause why the sanctions should be lifted and that
his proposed 28 U.S.C. § 2254 application would be time-barred
pursuant to 28 U.S.C. § 2244(d).
Because Graves has failed to show on appeal why the sanctions
order should not apply, we uphold the sanctions order and DENY his
request for a COA.
COA DENIED

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