IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-50818 Summary Calendar _____________________

MICHAEL DWAYNE SUROVIK,

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, Dallas USDC No. W-98-CV-365 _________________________________________________________________ December 20, 2000 Before JOLLY, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Michael Dwayne Surovik (Texas prisoner #743897) appeals the

district court’s denial of his

petition. He

challenges the district court’s determination that his Doyle1 claim

was procedurally barred based on state court findings that he had

defaulted the claim by failing to raise it on direct appeal.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 Doyle v. Ohio,

(1976). Surovik was previously granted a certificate of appealability on

the issue whether Texas strictly and regularly applies this

particular procedural bar.

After reviewing the record and the briefs of the parties, we

hold that Surovik has failed to rebut the presumption that this

particular procedural bar is strictly and regularly applied in

Texas. See Pitts v. Anderson,

(5th Cir. 1997).

He has not pointed to a single case where a Texas court has failed

to apply this particular procedural bar to claims that are

“identical or similar” to his Doyle claim. See Stokes v. Anderson,

(5th Cir. 1997). Accordingly, the district

court’s judgment is

A F F I R M E D.

2