Lopes v. Callado
- Gregory Woods
- 1:20-cv-01063
- U.S. District Court · Southern District of New York
- 1
In Lopes v. Callado, Judge Woods dismissed Lopes’s petition after Lopes requested withdrawal without prejudice.
Sean Lopes’s federal petition was dismissed, and the clerk was directed to close the case. The opinion states that Jafia Callado did not oppose Lopes’s request.
What happened
In Lopes v. Callado, Sean Lopes asked to withdraw his petition under 28 U.S.C. § 2254 without prejudice. Jafia Callado did not oppose the request.
The court also noted that the one-year deadline for filing a federal petition is not paused while such a petition is pending. It directed the clerk to close the case.
Judge Gregory H. Woods stated that the petition was dismissed. The order did not separately state whether the dismissal itself was with or without prejudice.
The detailed version
- Lopes v. Callado · No. 1:20-cv-01063
- Gregory Woods
- Sept. 17, 2020
Background
Sean Lopes filed a petition under 28 U.S.C. § 2254. On September 8, 2020, he asked for permission to withdraw the petition without prejudice. The opinion states that Jafia Callado did not file an opposition.
Court’s Analysis
The court noted that the one-year limitations period for a federal petition is not paused while a federal petition is pending. The court cited De Jesus v. Miller and Duncan v. Walker for that point.
Ruling
Judge Gregory H. Woods stated: “Accordingly, the petition is dismissed.” The clerk was directed to close the case. Although Lopes’s request sought withdrawal without prejudice, the order itself states only that the petition was dismissed and does not separately specify whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.