No. 99-50114 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50114 Summary Calendar

JOHN WADE NEWTON, Petitioner-Appellant, VERSUS GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-98-CV-662-JN -------------------- May 17, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:* John Wade Newton, Texas state prisoner #811048, appeals from the district court’s dismissal of his federal habeas petition as time-barred. Because Newton failed to address in his appellate brief the issue upon which this court granted a certificate of appealability, whether the district court erred by dismissing his habeas petition as time-barred, he has abandoned this issue. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Accordingly, the judgment of the district court is AFFIRMED. Newton’s motion * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-50114 -2- for time enlargement, construed as a motion for an extension of time in which to file a reply brief, is DENIED.

AFFIRMED; MOTION DENIED.