Palacios v. Thaler, No. 11-41080 (5th Cir. 2013)Annotate this Case
Petitioner appealed the denial of his federal habeas petition. Petitioner claimed that his untimely filing was caused by his attorney who allegedly misrepresented that his state habeas petition had been filed and, when petitioner discovered that it had not been filed, abandoned him. The court granted a certificate of appealability on the equitable tolling issue. The court, however, concluded that petitioner did not pursue his rights with reasonable diligence. Although petitioner demonstrated reasonable diligence during the latter half of the limitation period, it was not enough to make up for his earlier and subsequent delay. Accordingly, the court affirmed the judgment of the district court.