Whether a federal court lacks authority, on its own initiative, to dismiss a habeas petition as untimely, once the State's highest court has answered the petition answered the petition without consenting its timeliness and the prosecution's initial opposition to the federal habeas intelligently failed to address the limitations as a defense?

QUESTIONS PRESENTED (1) Whether a federal court lacks authority, on its own initiative, to dismiss a habeas petition as untimely, once the State's highest court has answered the petition answered the petition without consenting its timeliness and the prosecution's initial opposition to the federal habeas intelligently failed to address the limitations as a defense? | | | | ii.