Andre Vernon v. Steward Eckert

Summary

The United States District Court for the Western District of New York directs the respondent in Andre Vernon's 28 U.S.C. § 2254 habeas petition to brief whether the petition is timely under AEDPA's statute of limitations. The order also provides Vernon an opportunity to respond and requires production of relevant state-court records and appellate materials.

Holdings

1. Before dismissing the petition sua sponte as untimely, the court must provide Vernon notice and an opportunity to be heard on the statute-of-limitations issue.
2. The court required respondent to file a memorandum addressing whether the petition is timely under AEDPA, together with supporting authority and relevant exhibits, before the court determines the limitations issue.

Questions Presented

1. Whether the court should require briefing and the state-court record to determine whether Vernon's § 2254 petition is timely under AEDPA's statute of limitations.
2. Whether the court must provide Vernon notice and an opportunity to be heard before dismissing the habeas petition as untimely.

Disposition

other