No. 21-8280

James Michael Forney v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-06-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: due-process electronic-dockets federal-rules-of-civil-procedure habeas-corpus judicial-notice procedural-dismissal rule-4 section-2254 timeliness
Key Terms:
HabeasCorpus Securities
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether Rule 4 of the Rules Governing Section 2254 Cases allows the district court to research online electronic dockets, take judicial notice, and dismiss a habeas petition as untimely without calling for a response

Question Presented (OCR Extract)

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

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2022-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)

Attorneys

James Forney
Janice L. BergmannFederal Public Defender's Office, Petitioner
Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent