Balderrama v. Dretke

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 22, 2003 Charles R. Fulbruge III Clerk No. 02-11186 Conference Calendar JOSE L. G. BALDERRAMA, Petitioner-Appellant, versus DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC Nos. 2:00-CV-357; 2:00-CV-358 -------------------- Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges. PER CURIAM:* Jose L. G. Balderrama, Texas prisoner #871879, appeals from the district court’s dismissal of his federal habeas petition as time-barred. Because Balderrama fails to address in his original appellate brief the issues upon which this court granted a certificate of appealability, such issues are deemed abandoned. See Cinel v. Connick, 15 F.3d 1338, 1345 (5th Cir. 1994). We decline to address the arguments presented in Balderrama’s reply * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-11186 -2- brief since they constitute newly-raised issues that are non- responsive to the arguments presented in the Respondent- Appellee’s brief. See Stevens v. C.I.T. Group/Equip. Fin., Inc., 955 F.2d 1023, 1026 (5th Cir. 1992). AFFIRMED.