Newton v. Johnson

No. 99-50114
-1-
* 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that this opinion should not be published and is not precedent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.
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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-98-CV-662-JN
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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 court’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. Newton’s motion

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No. 99-50114
-2-
for time enlargement, construed as a motion for an extension of
time in which to file a reply brief, is DENIED.
AFFIRMED; MOTION DENIED.

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