Lopes v. Callado

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