Michael Gordon v. Heather Cofer

Summary

The United States District Court for the Eastern District of Missouri orders habeas petitioner Michael Gordon to show cause why his petition under 28 U.S.C. § 2254 should not be dismissed as untimely under the statute’s one-year limitations period. The court explains that the petition was filed more than one year after the conclusion of state post-conviction review and warns that failure to respond will result in dismissal without prejudice.

Holdings

1. The petition appeared to have been filed more than one year after the Missouri Court of Appeals affirmed the denial of Gordon's state post-conviction motion and therefore appeared time-barred under 28 U.S.C. § 2244(d).
2. Before sua sponte dismissing the petition as time-barred, the court must give the petitioner notice and an opportunity to respond.

Questions Presented

1. Whether Gordon's § 2254 petition appeared to be barred by the one-year statute of limitations in 28 U.S.C. § 2244(d).
2. Whether the court was required to notify Gordon and provide an opportunity to show cause before dismissing the petition sua sponte as time-barred.

Disposition

other