ADKINS
v.
SECRETARY, DEPARTMENT OF CORRECTIONS (CITRUS)

M.D. Fla. | 2025-07-21
District Court, M.D. Florida (2025)

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Synopsis

A federal habeas corpus petition was dismissed without prejudice for the petitioner's failure to comply with an Order to Show Cause within the deadline set by the court.

Holding

The court dismissed the habeas corpus petition without prejudice due to the petitioner's non-compliance with the Order to Show Cause.

Key Quotes

“A dismissal without prejudice does not excuse Petitioner from the one-year period of limitation for filing a habeas corpus petition in federal court.”

Establishes that dismissal without prejudice does not extend the statutory limitations period for habeas petitions.

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Facts & Procedural History

Petitioner filed a habeas corpus petition (Case No. 5:25-cv-246) challenging their custody under the Secretary of the Department of Corrections. The D…

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Topics
State Post-Conviction Relief Dismissal Without Prejudice Tolling Of Statute Of Limitations Habeas Corpus Petition

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Opinion of the Court

This cause is before the Court upon sua sponte review. The Court issued an Order to Show Cause (Doc. 4) requiring Petitioner to respond by July 9, 2025. Petitioner failed to comply. ACCORDINGLY, it is hereby ORDERED:

1. This case is DISMISSED without prejudice.1

2. The Clerk of Court shall close this file.

DONE and ORDERED in Tampa, Florida on July 21, 2025.

WILLIAM F. a

UNITED STATES DISTRICT JUDGE

Copies furnished to: Pro Se Party

Footnotes
1 A dismissal without prejudice does not excuse Petitioner from the one-year period of limitation for filing a habeas corpus petition in federal court. See 28 U.S.C. § 2244(d). Petitioner should note that the one-year period of limitation is tolled during the time in which a properly filed application for state post-conviction relief is pending, see Artuz v. Bennett, 531 U.S. 4, 8–9 (2000) (defining when an application is "properly filed" under 28 U.S.C. § 2244(d)(2)); however, the time in which a federal habeas petition is pending does not toll the one-year limitation period. See Duncan v. Walker, 121 S. Ct. 2120 (2001) (holding that an application for federal habeas corpus review does not toll the one-year limitation period under § 2244(d)(2)).

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