Legal Opinion
Rolando Gus Paez v. Secretary, Florida Department of Corrections
Court of Appeals for the Eleventh Circuit
Decided July 31, 2019No. 16-15705PublishedCited by 9 opinions
1Opinion of the Court
MARTIN, Circuit Judge:
*1305This case involves a state inmate who filed a petition under 28 U.S.C. § 2254 for a writ of habeas corpus that looks to be untimely. It thus presents the question of whether in this circumstance a district court may, on its own initiative and without hearing from the State, decide that the statute of limitations bars the petition. This District Court did just that, and dismissed the petition filed by Ronaldo Paez without ordering a response from the Secretary of the Florida Department of Corrections.
After oral argument and careful consideration, we conclude this was…
2Cases cited21 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Day v. McDonoughSupreme Court of the United States · 2006
- McFarland v. ScottSupreme Court of the United States · 1994
- Granberry v. GreerSupreme Court of the United States · 1987
- Wood v. MilyardSupreme Court of the United States · 2012
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3Cited by9 opinions
- Eddie Montero v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019
- Felix Antonio Silva-Martinez v. Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
- Head v. The City of JacksonvilleDistrict Court, M.D. Florida · 2019
- Hill v. GreenDistrict Court, S.D. Georgia · 2020
- Logan v. HallDistrict Court, M.D. Florida · 2019
4 more not listed; retrieve them via the Exa API.