Randy Hughes v. J. Morgan, Warden

647 F. App'x 292

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 25, 2016
• Docket: 14-30078
• Status: Unpublished

Opinion

PER CURIAM: *

Randy Hughes, Louisiana prisoner # 117275, appeals the district court’s dismissal of his 28 U.S.C. § 2254 application challenging his convictions for attempted distribution of cocaine and possession of cocaine, as well as his adjudication as an habitual offender and his resulting 20-year sentence. The only issue properly before this court is whether Martinez v. Ryan, — U.S.-, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), can be applied to excuse the procedural default of Hughes’s ineffective assistance of counsel claims. See Sonnier v. Johnson, 161 F.3d 941, 946 (5th Cir.1998). Pro se briefs are afforded liberal construction. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.1993). Nevertheless, it is well settled that an appellant “abandons all issues not raised and properly presented in [his] initial brief on appeal.” Banks v. Thaler, 583 F.3d 295, 329 (5th Cir.2009). Because Hughes has failed to adequately brief his argument, he has abandoned the critical issue of this appeal. Accordingly, the district court’s judgment is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined thát this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5,4. '