Hicks v. Quarterman, et al, No. 07-20055 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-20055 Summary Calendar October 30, 2008 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 Hicks v. Quarterman, No. 07-20055 (5th Cir. Oct. 30, 2007) (unpublished).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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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