Lindsey Nelson, Jr. v. David L. Frazier

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
NOV 16, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-11649
Non-Argument Calendar
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D. C. Docket No. 08-00033-CV-1
LINDSEY NELSON, JR.,
Petitioner-Appellant,
versus
DAVID L. FRAZIER,
Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Georgia
_________________________
(November 16, 2010)
Before BARKETT, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Lindsey Nelson Jr., a Georgia prisoner, appeals pro se the denial of his

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petition for a writ of habeas corpus. 28 U.S.C. § 2254. We granted a certificate of
appealability to resolve “[w]hether the district court erred in finding that Nelson’s
claim of an unlawful sentence was procedurally defaulted” when the state court
ruled that “the claim was procedurally defaulted or barred by res judicata.” In his
brief, Nelson concedes that his claim of an unlawful sentence is procedurally
defaulted, “so that issue has been abandoned and is no longer before us.” Pugh v.
Smith, 465 F.3d 1295, 1298 (11th Cir. 2006). Nelson instead challenges his
conviction and sentence, but we will not address his arguments because they are
outside the scope of the certificate of appealability. Rhode v. United States, 583
F.3d 1289, 1291 (11th Cir. 2009). We affirm the denial of Nelson’s petition.
AFFIRMED.
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