IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50852 Summary Calendar

JUAN ERNESTO CASTRO,

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. SA-00-CV-446 -------------------- April 4, 2001

Before HIGGINBOTHAM, WIENER, AND BARKSDALE, Circuit Judges.

PER CURIAM:*

Juan Ernesto Castro, Texas prisoner number 774844, appeals

the district court’s dismissal of his

petition

for a writ of habeas corpus as time-barred. Castro has not shown

that he is entitled to avail himself of one of the tolling

provisions found in

(d)(1). Nor has he

demonstrated that the district court erred in determining that

his petition was time-barred. Castro argues other issues in his

brief. However, because he was not granted a certificate of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-50852 -2-

appealability on these issues, we may not consider them. Lackey

v. Johnson,

(5th Cir. 1997). We therefore

AFFIRM the judgment of the district court.

AFFIRMED.