IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 30, 2008
No. 07-20055
Summary Calendar Charles R. Fulbruge III
Clerk
ISAIAH HICKS
Petitioner-Appellant
v.
NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION
Respondent-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:06-CV-2208
Before JOLLY, CLEMENT, and HAYNES, Circuit Judges.
PER CURIAM:*
Isaiah Hicks, Texas prisoner # 1087433, appeals the dismissal as time
barred of his 28 U.S.C. § 2254 petition challenging his aggravated robbery
conviction. Hicks was granted a certificate of appealability on the issue
“whether the limitations period should have been equitably tolled because [he]
did not receive notice of the denial of his state habeas application.” Hicks v.
Quarterman, No. 07-20055 (5th Cir. Oct. 30, 2007) (unpublished). Hicks,
*
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should not be published and is not precedent except under the limited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. 07-20055
however, has failed to brief that issue and has therefore waived its review. See
Hughes v. Johnson, 191 F.3d 607, 613 (5th Cir. 1999).
AFFIRMED.
2