Lopez v. United States
- Paul Engelmayer
- 1:21-cv-02698
- U.S. District Court · Southern District of New York
- 1
In Lopez v. United States, Judge Engelmayer denied Lopez’s motion under Section 2255 as time-barred after Lopez failed to respond.
Carlos Lopez’s Section 2255 motion was denied as time-barred, and his request to appeal without paying fees was denied. The United States remained the respondent.
What happened
In Lopez v. United States, Carlos Lopez filed a motion under Section 2255, which provides a way to challenge a federal conviction or sentence. The court later said the motion appeared to be filed too late.
The court gave Lopez 60 days to explain why the motion should not be denied as time-barred. The court received no response from Lopez.
Judge Engelmayer therefore denied Lopez’s Section 2255 motion as time-barred. The court also denied Lopez permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Lopez v. United States · No. 1:21-cv-02698
- Paul Engelmayer
- June 14, 2021
Background
Carlos Lopez submitted a motion under 28 U.S.C. § 2255, a procedure for challenging a federal conviction or sentence. The court issued an order stating that the motion appeared to be time-barred, meaning it appeared to have been filed after the applicable deadline.
Opportunity to Respond
The court directed Lopez to explain within 60 days why his motion should not be denied as time-barred. The court warned that if Lopez did not comply, it would deny the motion on that basis. The court received no response from Lopez, either explaining the delay or otherwise responding to the order.
Ruling
The court denied Lopez’s § 2255 motion as time-barred. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.