Hicks v. Cockrell

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 11, 2003
• Docket: 02-41213
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-41213 Summary Calendar

CHARLIE LAWYER HICKS, JR.,

Petitioner-Appellant,

versus

JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. G-02-CV-439 -------------------- March 10, 2003

Before GARWOOD, JOLLY and SMITH, Circuit Judges.

PER CURIAM:*

Charlie Lawyer Hicks, Jr., Texas inmate # # 267191, was

convicted in 1977 of aggravated robbery and was sentenced to life

imprisonment. The district court dismissed his 28 U.S.C. § 2254

petition, but granted a certificate of appealability (“COA”) on

the issue of Hicks’ statutory and constitutional rights to

release on mandatory supervision in violation of the Due Process

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-41213 -2-

Clause. Hicks’s argument is foreclosed by this court’s decision

in Arnold v. Cockrell, 306 F.3d 277 (5th Cir. 2002).

Hicks also asserts that his Equal Protection rights were

being violated. We do not reach the equal-protection issue

raised by Hicks because the district court did not grant a COA on

this issue and Hicks has not expressly sought to expand the COA

grant to include it. See United States v. Kimler, 150 F.3d 429,

431 (5th Cir. 1998) (party must expressly seek a COA on

additional issues not certified by the district court).

AFFIRMED.