Can a federal district court raise the statute of limitations issue in a habeas corpus case?
MultiRegion, United States of America
The following excerpt is from Stamps v. Cate, CASE NO. 11-cv-2048-LAB (WMc) (S.D. Cal. 2012):
In addition, a district court can sua sponte raise the statute of limitations issue when the habeas corpus petition is obviously untimely on its face. Herbst, 260 F.3d 1039, 1042. However, the court can only dismiss the petition after it "provides the petitioner with adequate notice and an opportunity to respond." Id. at 1043; see also Day v. McDonough, 547 U.S. 198, 210 (2006).
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