No. 22-6593

Steven C. Heiser v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: abuse-of-discretion certificate-of-appealability certiorari-jurisdiction due-process habeas-corpus limitations-defense party-presentation statute-of-limitations sua-sponte
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-06-15 (distributed 2 times)
Question Presented (AI Summary)

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 Presented (OCR Extract)

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

Docket Entries

2023-06-20
Petition DENIED.
2023-06-02
Reply of petitioner Steven C. Heiser filed. (Distributed)
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-15
Brief of respondents Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. in opposition filed.
2023-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
2023-04-03
Motion to extend the time to file a response from April 14, 2023 to May 15, 2023, submitted to The Clerk.
2023-03-15
Response Requested. (Due April 14, 2023)
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2022-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Sonya Roebuck HorbeltFlorida Attorney General's Office, Respondent
Sonya Roebuck HorbeltFlorida Attorney General's Office, Respondent
Steven C. Heiser
Steven C. Heiser — Petitioner
Steven C. Heiser — Petitioner