Can a federal district court raise the statute of limitations sua sponte when reviewing a habeas petition?
MultiRegion, United States of America
The following excerpt is from Jackson v. Neuschmid, Case No. 1:20-cv-00198-JDP (E.D. Cal. 2020):
This court may raise the statute of limitations sua sponte when reviewing a habeas petition. See Day v. McDonough, 547 U.S. 198, 209 (2006); Herbst v. Cook, 260 F.3d 1039, 1042 n.3 (9th Cir. 2001) (explaining that federal district courts may consider the timeliness of a state prisoner's habeas petition to serve the interests of judicial efficiency.). Under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), petitioners seeking habeas relief
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