Paez v. Secretary, Florida Department of Corrections, No. 16-15705 (11th Cir. 2019)Annotate this Case
When a 28 U.S.C. 2254 petition states a legally sufficient claim for relief, a district court must order the State to respond, even if the petition appears untimely. The Eleventh Circuit vacated the district court's dismissal of a section 2254 petition for a writ of habeas corpus and remanded for further proceedings. The court held that the district court erred when the district court, on its own initiative and without hearing from the State, decided that the statute of limitations barred the petition. In this case, the district court ordered no State response to the petitioner before dismissing.