Marcellus Charlemagne v. Secretary, Department of Corrections

U.S. Court of Appeals for the Eleventh Circuit

Marcellus Charlemagne v. Secretary, Department of Corrections

Opinion

USCA11 Case: 20-10631 Date Filed: 11/13/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-10631

Non-Argument Calendar

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D.C. Docket No. 5:19-cv-00437-RBD-PRL MARCELLUS CHARLEMAGNE,

Petitioner-Appellant,

versus SECRETARY, DEPARTMENT OF CORRECTIONS,

Respondent-Appellee.

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Appeal from the United States District Court

for the Middle District of Florida

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(November 13, 2020) Before WILLIAM PRYOR, Chief Judge, LAGOA and BRASHER, Circuit Judges. PER CURIAM:

USCA11 Case: 20-10631 Date Filed: 11/13/2020 Page: 2 of 2

Marcellus Charlemagne, a state prisoner, appeals pro se the dismissal of his petition for a writ of habeas corpus as second or successive. Charlemagne abandoned any challenge he could have made to the dismissal of his petition by raising in his initial brief only arguments about his state conviction. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). Charlemagne argues for the first time in his reply brief that his petition is not second or successive, but “we do not address arguments raised for the first time in a pro se litigant’s reply brief,” id. We affirm the dismissal of Charlemagne’s petition.

AFFIRMED.

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Reference

Status
Unpublished