Aguilar v. Lumpkin

Opinion

UNITED STATES DISTRICT COURT July 03, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

ADRIAN AGUILAR, § § Petitioner, § § VS. § CIVIL ACTION NO. 4:23-CV-01418 § BOBBY LUMPKIN, et al., § § Respondents. §

MEMORANDUM AND ORDER This case is before the Court on Petitioner Adrian Aguilar=s motion to alter or amend the judgment. I. Background Aguilar was convicted of murder and sentenced to a 99-year term of imprisonment. He filed a petition for a writ of habeas corpus. This Court dismissed the petition, finding that the petition was barred by the statute of limitations. II. Analysis A motion to alter or amend under Fed.R.Civ.P. 59(e) Amust clearly establish either a manifest error of law or must present newly discovered evidence.@ Schiller v. Physicians Resource Grp., Inc., 342 F.3d 563, 567 (5th Cir. 2003)(internal quotation marks omitted). ARelief under Rule 59(e) is also appropriate where there has been an intervening change in controlling law.@ Id. Aguilar disagrees with this Court’s reasoning and analysis of the limitations issue but does not identify any manifest error or newly discovered evidence weighing on that analysis. He therefore fails to demonstrate grounds for relief under Rule 59(e). 1 / 2 Order For the foregoing reasons, Adrian Aguilar’s Motion to Alter or Amend the Judgment (Doc. # 19) is DENIED. No Certificate of Appealability shall issue. The Clerk shall notify all parties and provide them with a true copy of this Order. It is so ORDERED. SIGNED on July 3, 2025, at Houston, Texas. Kenneth M. Hoyt . United States District Judge

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