Hopper v. Guerrero

Case: 25-50169 Document: 118-1 Page: 1 Date Filed: 07/28/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 25-50169 July 28, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk Steven Lawrence Hopper, Petitioner—Appellant, versus Eric Guerrero, Executive Director, Texas Department of Criminal Justice, Respondent—Appellee. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 6:24-CV-456 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam:* Following the dismissal as time barred of his 28 U.S.C. § 2254 petition, Petitioner-Appellant Steven Lawrence Hopper, Texas prisoner # 2436570, was granted a certificate of appealability as to whether the district court erred in determining, for purposes of applying tolling under 28 U.S.C. § 2244(d)(2), the date on which Hopper filed his application for state Case: 25-50169 Document: 118-1 Page: 2 Date Filed: 07/28/2026

No. 25-50169 collateral review. This appeal follows, accompanied by Hopper’s motions for appointment of counsel, review of grand jury documents, review of state counsel files, an evidentiary hearing, bail pending appeal, and default judgment.

Hopper fails to show reversible error. See Roberts v. Cockrell, 319 F.3d 690, 693 (5th Cir. 2003). He does not address the time bar issue in his initial or supplemental brief and has therefore waived the relevant issue on appeal.

See Lookingbill v. Cockrell, 293 F.3d 256, 263 (5th Cir. 2002); Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir. 1995). Insofar as Hopper provides a conclusional statutory tolling argument in his reply brief, we do not consider it. See United States v. Aguirre-Villa, 460 F.3d 681, 683 n.2 (5th Cir. 2006).

The judgment is AFFIRMED. All pending motions are DENIED.