No. 22-5268
Anthony Peters v. Tim Hooper, Warden
Response WaivedIFP
Tags: civil-rights due-process federal-court-jurisdiction federal-courts habeas-corpus limitations-defense petition-dismissal procedural-timeliness state-court-review state-courts timeliness
Latest Conference:
2022-09-28
Question Presented (from Petition)
(1) Whether a federal court lacks authority, on its own initiative, to dismiss a habeas petition as untimely, once the State's highest court has answered the petition answered the petition without consenting its timeliness and the prosecution's initial opposition to the federal habeas intelligently failed to address the limitations as a defense?
Question Presented (AI Summary)
Whether a federal court lacks authority, on its own initiative, to dismiss a habeas petition as untimely, once the State's highest court has answered the petition answered the petition without consenting its timeliness and the prosecution's initial opposition to the federal habeas intelligently failed to address the limitations as a defense?
Docket Entries
2022-10-03
Petition DENIED.
2022-09-08
DISTRIBUTED for Conference of 9/28/2022.
2022-09-02
Waiver of right of respondent Tim Hooper to respond filed.
2022-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2022)
Attorneys
Anthony Peters
Anthony Peters — Petitioner
Tim Hooper
Shae Gary McPhee Jr. — Louisiana Department of Justice, Respondent