Case: 09-70010 Document: 00511045472 Page: 1 Date Filed: 03/09/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 9, 2010 No. 09-70010 Charles R. Fulbruge III Clerk TIMOTHY WAYNE ADAMS, Petitioner - Appellant v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CV-1216

Before HIGGINBOTHAM, OWEN, and ELROD, Circuit Judges.

PER CURIAM:* After reviewing the record, we conclude that Adams has failed to make a substantial showing of the denial of a constitutional right, and – for essentially the reasons stated by the district court – we DENY his request for a certificate of appealability (COA) on all issues raised therein.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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