No. 20-5083

Telly Kavantzas v. Florida

Lower Court: Eleventh Circuit
Docketed: 2020-07-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-procedure district-court electronic-dockets federal-courts habeas-corpus judicial-notice rule-4 rules-governing-section-2254-cases section-2254 timeliness
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether Rule 4 of the Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254, which prohibits a district court from dismissing a habeas corpus petition without calling for a response from the State unless "it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief," allows the district court itself to research online electronic dockets from the petitioner's state court proceedings, take judicial notice of those dockets, and dismiss the petition as untimely, without ever calling for a response?

Question Presented (AI Summary)

Whether Rule 4 of the Rules Governing Section 2254 Cases allows the district court to dismiss a habeas corpus petition as untimely without calling for a response from the State

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent Florida to respond filed.
2020-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2020)

Attorneys

Florida
Celia A. TerenzioOffice of the Attorney General, Respondent
Telly Kavantzas
Janice L. BergmannFederal Public Defender's Office, Petitioner