When will a motion to dismiss a motion for personal injury be dismissed on the grounds that it is barred by the statute of limitations?

dismissed on the grounds that that it is barred by the statute of limitations. In an abundance of caution, the undersigned alternatively recommends that this claim be dismissed on the merits, because respondent's motion to dismiss does not address this claim. See Rule 4, Rules Governing Section 2254 Cases (if it plainly appears from face of the petition and exhibits that petitioner is not entitled to relief, the district court may summarily dismiss the petition); Herbst v. Cook, 260 F.3d 1039, 1042-43 (9th Cir. 2001) (when untimeliness is obvious on the face of the petition, the district court has the authority to raise the statute of limitations sua sponte and dismiss the petition on that ground; however, that authority should be exercised only after the court provides the petitioner with adequate notice and an opportunity to respond).