Garcia v. Bacca et al

Filing 18

ORDER denying 13 motion for reconsideration and denying certificate of appealability. Signed by Judge Robert C. Jones on 2/12/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ADAM GARCIA,

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Petitioner,

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vs.

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Case No. 3:14-cv-00532-RCJ-WGC

I. BACA, et al.,

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ORDER

Respondents.

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The court dismissed this action as untimely. Petitioner has filed a motion for reconsideration

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(#13). To the extent that he repeats arguments that the court already has rejected, the court is not

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persuaded. Petitioner argues that the court overlooked his argument regarding Martinez v. Ryan,

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132 S. Ct. 1309 (2012). Martinez applies only to claims of ineffective assistance of counsel that

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were procedurally barred by state law. Martinez is inapplicable in this case, because the issue in this

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case is untimeliness under federal law. Petitioner also argues that the court overlooked his

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arguments for equity, that Nevada does not follow its own laws. Those arguments were irrelevant to

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the issue in this case, which again was whether the petition was untimely under the federal statute of

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limitations, 28 U.S.C. § 2244(d).

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To the extent that a certificate of appealability is necessary, reasonable jurists would not find

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the court’s conclusions to be debatable or wrong, and the court will not issue a certificate of

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appealability.

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IT IS THEREFORE ORDERED that petitioner’s motion for reconsideration (#13) is
DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED: This 12th day of February, 2016.
Dated:

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_________________________________
ROBERT C. JONES
United States District Judge

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