[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
NOV 09, 2007
No. 06-11557 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket Nos. 05-60398-CV-WPD
02-60176-CR-WPD
RAFAEL DANIEL DE LA CRUZ-JIMENEZ,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(November 9, 2007)
Before ANDERSON, BIRCH and BARKETT, Circuit Judges.
PER CURIAM:
Rafael Daniel De La Cruz-Jimenez, a prisoner proceeding pro se, appeals the
district court’s denial of his motion for extension of time to file a certificate of
appealability (“COA”). In a previous order, we granted the government’s motion
to dismiss in part, but allowed Jimenez to proceed in appealing the district court’s
January 25, 2006, order denying his motion to extend time to file a COA.
Therefore, the only issue on appeal was whether the district court abused its
discretion in denying Jimenez’s motion to extend time to file a COA. On appeal,
Jimenez does not address that issue, but rather argues the merits of his original 28
U.S.C. § 2255 motion. Accordingly, Jimenez abandons the only issue on appeal
and we must affirm. See United States v. Thomas, 242 F.3d 1028, 1033 (11th Cir.
2001) (holding that a party abandons an issue when the party fails to raise an
argument in an initial brief).
AFFIRMED.
2