USA v. Martin Gutierrez, No. 11-40366 (5th Cir. 2011)

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Case: 11-40366 Document: 00511678609 Page: 1 Date Filed: 11/29/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40366 Summary Calendar November 29, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. MARTIN GUTIERREZ, also known as Felipe Cornejo, Defendant - Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 1:80-CR-9-3 Before BARKSDALE, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Martin Gutierrez challenges the order striking his petition for reimbursement of attorney s fees under the Hyde Amendment. The district court struck the petition because Gutierrez s counsel failed to include in it his federal-identification number, in accordance with Southern District of Texas Local Civil Rule 11.3A(4). Gutierrez contends the district court should have waived application of the local rule in the interest of justice. (Gutierrez filed a * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 11-40366 Document: 00511678609 Page: 2 Date Filed: 11/29/2011 No. 11-40366 corrected petition after the first petition was denied, but this corrected petition was denied as untimely. He does not challenge that ruling.) A district court s application of local rules is reviewed for abuse of discretion. E.g., Victor F. v. Pasadena Indep. Sch. Dist., 793 F.2d 633, 635 (5th Cir. 1986). Absent impelling reasons , local rules should not be ignored. Id. Gutierrez offers no justifiable reason much less an impelling one for not applying the local rules in this instance. Accordingly, Gutierrez has not shown that striking the petition was an inappropriate exercise of the court s discretion. See id. at 636. AFFIRMED. 2

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