Steven C. Heiser v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
DueProcess HabeasCorpus
Did the district court abuse its discretion when it sua sponte dismissed Heiser's habeas petition by overriding the state's deliberate waiver of the limitations defense?
QUESTION(S) PRESENTED Mr. Heiser humbly asks this Honorable Court to invoke its judicial discretion and consider the following questions: ; 1. THIS COURT SHOULD EXERCISE ITS CERTIORARI JURISDICTION IN ORDER TO REVIEW A QUESTION OF WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION PURSUANT TO DAY V. McDONOUGH, 547 U.S. 198, 126 S. CT. 1675, 164 L. ED. 2D 376 (2006) WHEN IT SUA SPONTE DISMISSED HEISER’S HABEAS PETITION BY OVERRIDING THE STATE’S DELIBERATE WAIVER OF THE LIMITATIONS DEFENSE WHERE THE STATE’S TIMELINESS CONCESSION RESULTED FROM THE DECISION TO PROCEED ON THE MERITS AS INDICATED BY IT’S TRAVERSE AND THE PRINCIPLE OF PARTY PRESENTATION? 2. THIS COURT SHOULD EXERCISE ITS CERTIORARI JURISDICTION IN ORDER TO REVIEW A QUESTION OF WHETHER THE ELEVENTH CIRCUIT SHOULD HAVE ISSUED A COA BECAUSE REASONABLE JURISTS WOULD FIND IT DEBATABLE THAT THE DISTRICT COURT ERRED BY SUA SPONTE DISMISSING HEISERS HABEAS APPLICATION WITHOUT DUE NOTICE OR OPPORTUNITY TO RESPOND PURSUANT TO WOOD V. MILYARD, 566 U.S. 463, 132 S. CT. 1826, 182 L. ED. 2D 733 (2012) ii