Garcia v. United States of America Do not docket in 4:10-cv-4548. Documents should be filed in 4:02-cr-36-1, No. 4:2010cv04548 - Document 5 (S.D. Tex. 2012)

Court Description: (COPY OF OPINION AND ORDER denying Motion to Vacate in CR H-02-36-1). Case terminated on July 26, 2012(Signed by Judge Melinda Harmon) Parties notified.(htippen, )

Download PDF
Garcia v. United States of America Do not docket in 4:10-cv-4548. Docume...be filed in 4:02-cr-36-1 Doc. 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA VS. MANUEL LORENZO GARCIA (CA H-10-4548) § § § § § § § CR ACTION NO. 4:02-36-1 OPINION AND ORDER Pending before the Court are Manuel Lorenzo Garcia’s objections (Doc. 457) to Magistrate Judge Stacy’s Memorandum and Recommendation (Doc. 453) dismissing Garcia’s motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Doc. 443. Judge Stacy determined that Garcia’s motion was filed on November 12, 2010, more than two years after August 29, 2007, the date on which his conviction became final for purposes of Section 2255(1). Doc. 453 at 6. Garcia objects on the grounds that his claim is subject to equitable tolling as he has been incarcerated, he is not a native English speaker, and has been unable to seek counsel. Doc. 457. Judge Stacy addressed the applicability of equitable tolling to Garcia’s motion and found that no “rare and exceptional circumstances” warranted tolling the limitations period. Doc. 453 at 6. This Court later denied Garcia’s motion for appointment of counsel to assist with his motion for post-conviction relief on the grounds that “there is no constitutional right to counsel in post-conviction proceedings.” Doc. 456 (quoting Ford v. U.S., 363 F.2d 437 (5th Cir. 1966). Because Garcia has failed to demonstrate rare and exceptional circumstances warranting equitable tolling to his case, the Court agrees with Judge Stacy that Garcia’s motion to vacate or set aside sentence is time barred. The Court therefore adopts Judge Stacy’s memorandum and recommendation as its own and 1/2 Dockets.Justia.com ORDERS that the Government’s motion to dismiss (Doc. 452) Movant Manuel Lorenzo Garcia’s § 2255 motion to vacate, set aside, or correct his sentence (Doc. 443) is DENIED and this proceeding is DISMISSED. SIGNED at Houston, Texas, this 26th day of July, 2012. ___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE 2/2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.