Filed: Sep. 29, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-31199 Summary Calendar SAMUEL HULL, Plaintiff-Appellant, versus RICHARD STALDER, Secretary, Department of Public Safety and Corrections; UNIDENTIFIED PARTIES, Defendants-Appellees. Appeal from the United States District Court For the Eastern District of Louisiana (99-CV-1838-J) September 28, 2000 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Samuel Hull, Louisiana prisoner #114055, appeals the denial of
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-31199 Summary Calendar SAMUEL HULL, Plaintiff-Appellant, versus RICHARD STALDER, Secretary, Department of Public Safety and Corrections; UNIDENTIFIED PARTIES, Defendants-Appellees. Appeal from the United States District Court For the Eastern District of Louisiana (99-CV-1838-J) September 28, 2000 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Samuel Hull, Louisiana prisoner #114055, appeals the denial of ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-31199
Summary Calendar
SAMUEL HULL,
Plaintiff-Appellant,
versus
RICHARD STALDER, Secretary,
Department of Public Safety and
Corrections; UNIDENTIFIED PARTIES,
Defendants-Appellees.
Appeal from the United States District Court
For the Eastern District of Louisiana
(99-CV-1838-J)
September 28, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Samuel Hull, Louisiana prisoner #114055, appeals the denial of
his 28 U.S.C. § 2254 habeas corpus petition. The district court
granted a certificate of appealability on the issues of whether his
petition was procedurally barred and whether the application of a
ten-year cleansing period to his multiple-offender proceedings was
an ex-post-facto violation.
*
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this opinion should not be published and is not precedent except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.
The Louisiana Supreme Court denied Hull’s state habeas
petition raising the ex-post-facto claim. It cited Louisiana Code
Crim. Proc. art. 930.3, which limits the grounds on which a
prisoner may seek post-conviction relief, and Melinie v. State,
665
So. 2d 1172 (La. 1996), which held that article 930.3 does not
allow post-conviction challenges to sentencing errors.1 The
Louisiana Supreme Court, then, rejected Hull’s petition on state
law grounds independent of his federal law claims.
An independent and adequate state law ground for denial of
Hull’s petition bars federal habeas review. See Coleman v.
Thompson,
501 U.S. 722 (1991) (explaining the independent and
adequate state ground doctrine). Even construed liberally, Hull’s
pro se petition does not attempt to overcome this procedural bar.2
Thus, federal review of Hull’s claim is precluded. See Yohey v.
Collins,
985 F.2d 222, 224-25 (5th Cir. 1993) (failure of a pro se
brief, construed liberally, to argue a point on appeal abandons the
claim); Fed. R. App. P. 28(a)(9). In any case, our independent
review of the record and applicable law reveals that Hull would not
have been able to overcome the bar even if he had argued the point.
1
Hull did not directly appeal his sentence. A direct appeal
would have been the proper vehicle for challenging his sentence.
2
Hull does challenge the district court’s finding that his
petition was untimely, but he fails to address the ruling that his
petition is barred under Coleman v. Thompson.
2
The district court’s judgment dismissing Hull’s § 2254
petition is AFFIRMED.
3