CHARLEMAGNE v. SECRETARY DEPARTMENT OF CORRECTIONS (2020)

United States Court of Appeals, Eleventh Circuit.

Marcellus CHARLEMAGNE, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

No. 20-10631

Decided: November 13, 2020

Before WILLIAM PRYOR, Chief Judge, LAGOA and BRASHER, Circuit Judges.

Marcellus Charlemagne, Pro Se Kellie A. Nielan, Ashley Moody, Attorney General's Office, Daytona Beach, FL, for Respondents-Appellees

Marcellus Charlemagne, a state prisoner, appeals pro se the dismissal of his petition for a writ of habeas corpus as second or successive. Charlemagne abandoned any challenge he could have made to the dismissal of his petition by raising in his initial brief only arguments about his state conviction. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). Charlemagne argues for the first time in his reply brief that his petition is not second or successive, but “we do not address arguments raised for the first time in a pro se litigant's reply brief,” id. We affirm the dismissal of Charlemagne's petition.

AFFIRMED.

PER CURIAM:

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