Michael Meyers v. Secretary, Department of Corrections, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-12737
Non-Argument Calendar
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MICHAEL MEYERS,
Petitioner-Appellant,
versus
SECRETARY, DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL, STATE OF FLORIDA,
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 5:19-cv-00460-PGB-PRL
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2 Opinion of the Court 22-12737
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Before WILSON, LUCK, and ANDERSON, Circuit Judges.
PER CURIAM:
Michael Meyers, a Florida prisoner proceeding pro se, ap-
peals the district court’s denial of his 28 U.S.C. § 2254 petition for a
writ of habeas corpus. We granted a certificate of appealability
(“COA”) as to the following issue: “Did Meyers’ trial counsel pro-
vide ineffective assistance, under Strickland v. Washington, 466 U.S.
668 (1984), by conceding Meyers’ guilt as to the theft charge during
closing arguments?” However, the majority of Meyers’ brief ar-
gues that counsel was ineffective for conceding to a trespass charge
and he only mentions the theft charge one time, in passing.
When evaluating a district court’s denial of a § 2254 petition,
we review questions of law and mixed questions of law and fact de
novo, and findings of fact for clear error. Tanzi v. Sec’y, Fla. Dep’t of
Corr., 772 F.3d 644, 651 (11th Cir. 2014).
The scope of review in a habeas appeal is limited to the is-
sues specified in the COA. Murray v. United States, 145 F.3d 1249,
1250 (11th Cir. 1998). Documents filed by pro se litigants are to be
liberally construed and must be held to less stringent standards
than documents drafted by attorneys. Estelle v. Gamble, 429 U.S. 97,
106 (1976). Nevertheless, pro se litigants are still required to con-
form to procedural rules. Albra v. Advan, Inc., 490 F.3d 826, 829 (11th
Cir. 2007). Further, liberal treatment of pro se pleadings “does not
give a court license to serve as de facto counsel for a party, or to
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22-12737 Opinion of the Court 3
rewrite an otherwise deficient pleading in order to sustain an ac-
tion.” Campbell v. Air Jamaica, 760 F.3d 1165, 1168-69 (11th Cir.
2014). An appellant abandons any argument not briefed before us,
made in passing, or raised briefly without supporting arguments or
authority. Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1330
(11th Cir. 2004); Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678,
681 (11th Cir. 2014).
Here, most of Meyers’ brief is beyond our review because it
does not address the issue specified in the COA. Murray, 145 F.3d
at 1250. We granted a COA as to the following issue only: “Did
Meyers’ trial counsel provide ineffective assistance, under Strick-
land . . . by conceding Meyers’ guilt as to the theft charge during
closing arguments?” However, the majority of Meyers’ brief ar-
gues that counsel was ineffective for conceding to the trespass
charge and he only mentions the theft charge one time, in passing.
And, in that instance, Meyers makes no argument regarding the
theft charge but, instead, simply quotes counsel’s language from
closing argument. Although we liberally construe Meyers’ argu-
ments, we cannot serve as de facto counsel to rewrite the deficien-
cies in his pleadings. Estelle, 429 U.S. at 106; Albra, 490 F.3d at 829;
Campbell, 760 F.3d at 1168-69. Accordingly, he has abandoned any
challenge to the certified question by failing to properly brief it on
appeal and we affirm. Access Now, Inc., 385 F.3d at 1330.
AFFIRMED.
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