No. 24-5104

Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-07-18
Status: Denied
Type: IFP
IFP
Tags: appeals-court district-court due-process federal-appeals federal-habeas-corpus habeas-corpus notice notice-requirement opportunity-to-be-heard statute-of-limitations
Key Terms:
HabeasCorpus Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the prohibition on a federal district court's ability to dismiss a federal habeas corpus petition on statute of limitations grounds without affording the petitioner notice and an opportunity to be heard applies to a federal appeals court

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the prohibition on a federal district court’s ability to dismiss a federal habeas corpus petition—or a claim or claims in a federal habeas corpus petition—on statute of limitations grounds, without affording the petitioner notice and an opportunity to be heard, as held by this Court in Day v. McDonough, 547 U.S. 198 (2006), applies with equal force to a federal appeals court which dismisses a federal habeas corpus petition—or a claim or claims in a federal habeas corpus petition— without affording the petitioner notice and an opportunity to be heard on the limitations question, when the district court did not address, much less rule on, a statute of limitations question? i

Docket Entries

2024-10-07
Petition DENIED.
2024-09-13
Reply of Anthony Mungin submitted.
2024-09-13
Reply of petitioner Anthony Mungin filed. (Distributed)
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Brief of Dixon, Sec., FL DOC, et al. in opposition submitted.
2024-08-01
Brief of respondents Dixon, Sec., FL DOC, et al. in opposition filed.
2024-08-01
Brief of respondents Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. in opposition filed.
2024-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2024)
2024-06-06
Application (23A1088) granted by Justice Thomas extending the time to file until July 16, 2024.
2024-06-04
Application (23A1088) to extend the time to file a petition for a writ of certiorari from June 16, 2024 to August 15, 2024, submitted to Justice Thomas.

Attorneys

Anthony Mungin
Todd Gerald ScherLaw Office of Todd G. Scher, P.L., Petitioner
Dixon, Sec., FL DOC, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent