Vazquez v. DEA, No. 14-60487 (5th Cir. 2016)Annotate this Case
Plaintiff filed suit against the DEA, seeking to set aside the 2006 forfeiture of more than $7,000, and citing 28 U.S.C. 1331 and Federal Rule of Criminal Procedure 41. The district court granted summary judgment and dismissed the action as untimely under the statute of limitations period of 18 U.S.C. 983(e). The court then liberally construed plaintiff's motion to proceed in forma pauperis (IFP) on appeal as raising equitable tolling. The court concluded, however, that it need not decide whether equitable tolling applies to a statute such as 18 U.S.C. 983(e) that itself seems designed to cut off rights in full after a lengthy period of time for a person who failed to receive the requisite statutory notice. In this case, plaintiff was not diligent in pursuing his rights where he waited over two years before inquiring into the status of the property at issue. Accordingly, the court affirmed the judgment. The court denied the parties' motions to supplement the record.