Glaser v. Ryan et al

Filing 20

ORDER denying 19 Motion under 28 U.S.C. § 2255 to vacate, set aside or correct a sentence. Signed by Magistrate Judge Eric J Markovich on 7/31/2018. (See attached Order for details) (KEP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marco Antonio Glaser,
Petitioner,

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ORDER

v.

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No. CV-16-00784-TUC-EJM

Charles L Ryan, et al.,

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Respondents.

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Petitioner Marco Antonio Glaser filed a pro se Petition for a Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254 on December 14, 2016. (Doc. 1). On May 1, 2018,

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the Court denied the petition as untimely and dismissed this matter with prejudice. (Doc.

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17). On June 25, 2018, Petitioner filed a motion under 28 U.S.C. § 2255 to vacate, set

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aside, or correct a sentence. (Doc. 19). However, § 2255 only applies to federal

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convictions, and it is clear from Petitioner’s motion that he is still contesting his state

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court conviction. Accordingly, the Court will construe the motion under § 2255 as a

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motion for reconsideration pursuant to Fed. R. Civ. P. 60(b).

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The Court’s previous Order dismissing this action fully explained the factual and

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procedural history of this case, applied the statute of limitations, and determined that

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Petitioner was not entitled to statutory or equitable tolling. The Court further found that

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granting Petitioner leave to file an amended petition would be futile. The Court therefore

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concluded that Petitioner’s PWHC was untimely filed and dismissed this action with

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prejudice. The Court will not reiterate its reasoning again here.

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Accordingly,

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IT IS HEREBY ORDERED denying Petitioner’s Motion. (Doc. 19).

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Dated this 31st day of July, 2018.

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