Hicks v. Cockrell ( 2003 )

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.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-02-CV-439
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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. § 2254petition, 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that this opinion should not be published and is not precedent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.