Sykes v. State of Mississippi, et al

* 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that this opinion should not be published and is not precedent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. 00-60190
Conference Calendar
HAL EUGENE SYKES,
Petitioner-Appellant,
versus
STATE OF MISSISSIPPI; MIKE MOORE,
Attorney General, State of Mississippi,
Respondents-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:99-CV-107-S-A
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October 17, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Hal Eugene Sykes, pro se Mississippi prisoner # 13137, was
granted a certificate of appealability by the district court on
the issue whether Sykes was denied effective assistance of
counsel on appeal. Sykes’s original brief argues only that the
district court erred in adopting the magistrate judge’s report
and recommendation without ordering discovery of a transcript
pertaining to a waiver-of-appeal.

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No. 00-60190
-2-
Sykes’s discovery claim is not reviewable as it is outside
the scope of the COA, see United States v. Kimler, 150 F.3d 429,
431 (5th Cir. 1998), and Sykes has abandoned his ineffective
assistance claim by failing to raise it in his initial brief.
See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993) (court
of appeals will not consider issue not raised in original brief).
Moreover, Sykes has failed to point to any evidence rebutting the
magistrate judge’s findings regarding ineffective assistance.
The judgment of the district court is AFFIRMED.

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