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