Lindsey Nelson, Jr. v. David L. Frazier, No. 09-11649 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT NOV 16, 2010 JOHN LEY CLERK No. 09-11649 Non-Argument Calendar ________________________ D. C. Docket No. 08-00033-CV-1 LINDSEY NELSON, JR., Petitioner-Appellant, versus DAVID L. FRAZIER, Warden, Respondent-Appellee. ________________________ 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 petition for a writ of habeas corpus. 28 U.S.C. ยง 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. 2

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