Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Nov. 15, 2019

Caban v. United States

Judge
Gregory Woods
Docket
1:19-cv-10509
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

In Caban v. United States, Judge Woods gave Luis Caban 60 days to withdraw a motion converted to a 28 U.S.C. § 2255 application.

Who this affects

Luis Caban, whose All Writs Act motion was treated as an application under 28 U.S.C. § 2255; the United States is the respondent.

What happened

In Caban v. United States, the court addressed Luis Caban’s motion under the All Writs Act. The court had converted that motion into an application under 28 U.S.C. § 2255 and opened a new civil case.

The court told Caban that he could withdraw the application by notifying the court in writing within 60 days if he did not want to pursue relief under § 2255. The opinion did not decide the merits of his claims.

United States District Judge Gregory H. Woods ordered that the application would remain treated as a § 2255 motion if Caban did not notify the court of his intent within 60 days.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Caban v. United States · No. 1:19-cv-10509
Judge
Gregory Woods
Date
Nov. 15, 2019

Background

Luis Caban filed a motion titled “Motion under § 1651, All Writs Act.” On November 12, 2019, the court construed the motion as one under 28 U.S.C. § 2255, which provides a procedure for a federal prisoner to seek post-conviction relief, and directed the Clerk of Court to open a new civil action.

Court’s Notice

The court informed Caban that he could withdraw the application if he did not want to pursue relief under § 2255. To do so, he had to notify the court in writing within 60 days. The court stated that Caban would have one opportunity within the limitations period for a full adjudication of his claims.

Ruling and Effect

United States District Judge Gregory H. Woods ordered that, unless Caban notified the court of his intent within 60 days, the application would remain designated as a motion under 28 U.S.C. § 2255. The opinion did not resolve the merits of Caban’s claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.