Filed: May 31, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 31, 2007 Charles R. Fulbruge III Clerk No. 05-60318 Summary Calendar ROBERT L. LUCKETT, Petitioner-Appellant, versus LAWRENCE KELLY, Superintendent, Respondent-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:02-CV-1631 - Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Robert L. Luckett, Mississippi
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 31, 2007 Charles R. Fulbruge III Clerk No. 05-60318 Summary Calendar ROBERT L. LUCKETT, Petitioner-Appellant, versus LAWRENCE KELLY, Superintendent, Respondent-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:02-CV-1631 - Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Robert L. Luckett, Mississippi ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 31, 2007
Charles R. Fulbruge III
Clerk
No. 05-60318
Summary Calendar
ROBERT L. LUCKETT,
Petitioner-Appellant,
versus
LAWRENCE KELLY, Superintendent,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:02-CV-1631
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Robert L. Luckett, Mississippi prisoner # R8311, was granted
a certificate of appealability (COA) on the issue whether he had
established a denial of due process arising from his allegations
of police extortion. The parties were also ordered to brief
whether the claim was procedurally defaulted because Luckett
failed to exhaust his state remedies and, if so, whether Luckett
could establish a ground for excusing the default. Luckett
argues that he is entitled to relief on the merits of his
extortion claim. To the extent that Luckett attempts to argue
*
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this opinion should not be published and is not precedent except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. 05-60318
-2-
other issues upon which COA was not granted, we lack the
authority to review them. See Lackey v. Johnson,
116 F.3d 149,
151-52 (5th Cir. 1997).
Luckett has not shown that he exhausted his extortion claim
in the state courts, and the claim is thus procedurally
defaulted. See Emery v. Johnson,
139 F.3d 191, 195 (5th Cir.
1997). Although he alleges that he advised his trial and
appellate attorneys of the extortion and they failed to
investigate or raise the claim on his behalf, Luckett has not
established cause to overcome the procedural default. See Murray
v. Carrier,
477 U.S. 478, 489 (1986). Additionally, Luckett has
not established a fundamental miscarriage of justice sufficient
to overcome the procedural default. See Smith v. Johnson,
216
F.3d 521, 524 (5th Cir. 2000); Fairman v. Anderson,
188 F.3d 635,
644 (5th Cir. 1999). Consequently, the judgment of the district
court denying Luckett’s 28 U.S.C. § 2254 petition is AFFIRMED.