Lopes v. Callado
This text of Lopes v. Callado (Lopes v. Callado) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK Od ES FILED SEAN LOPES, DATE FILED: 9/17/2020 Petitioner, 1:20-cv-01063-GHW -against- ORDER JAFIA CALLADO, Respondent. GREGORY H. WOODS, United States District Judge: On September 8, 2020, Petitioner requested permission to withdraw his petition pursuant to 28 U.S.C. § 2254 without prejudice. Dkt. No. 21. Respondent has not filed an opposition to that request. Accordingly, the petition is dismissed. The Court notes that “the one-year limitations period is not tolled during the pendency of a federal habeas petition.” De Jesus v. Miller, 215 F. Supp. 2d 410, 412 (S.D.N.Y. 2002) (citing Duncan v. Walker, 533 U.S. 167 (2001)). The Clerk of Court is directed to close this case.
SO ORDERED. Dated: September 17, 2020 New York, New York GREGORY WOODS United States District Judge
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