Whether Rule 4 of the Rules Governing Section 2254 Cases allows the district court to dismiss a habeas corpus petition as untimely without calling for a response from the State

QUESTION PRESENTED FOR REVIEW Whether Rule 4 of the Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254, which prohibits a district court from dismissing a habeas corpus petition without calling for a response from the State unless “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief,” allows the district court itself to research online electronic dockets from the petitioner’s state court proceedings, take judicial notice of those dockets, and dismiss the petition as untimely, without ever calling for a response? i INTERESTED PARTIES There are no