UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10639 Summary Calendar

RICKIE LYNN GRAVES,

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 Northern District of Texas (5:00-MC-19-C)

November 21, 2000

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Rickie Lynn Graves, Texas prisoner # 645074, seeks a

certificate of appealability (COA) to appeal the district court’s

denial of his motion for leave to file a

application. Graves had previously been sanctioned by a 29 August

1994 order prohibiting him from filing any lawsuits in the Northern

District of Texas without first obtaining permission of a district

judge.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. The district court denied Graves’ motion, stating that he had

failed to show cause why the sanctions should be lifted and that

his proposed

application would be time-barred

pursuant to

(d).

Because Graves has failed to show on appeal why the sanctions

order should not apply, we uphold the sanctions order and DENY his

request for a COA.

COA DENIED

2