United States Fourth Circuit

The notification requirement in Hill v. Braxton, 277 F.3d 701 (4th Cir. 2002), requiring a federal habeas court to notify a pro se petitioner that his petition is subject to dismissal under 28 U.S.C.A. section 2244(d) when the state has not yet filed a responsive pleading or otherwise invoked the limitations bar, applies to habeas petitioners represented by counsel as well as those proceeding pro se.

Appellate Information

• Decided 06/12/2003
• Published 06/12/2003

Judges

• Before NIEMEYER and TRAXLER, Circuit Judges, and BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Christopher Thomas Nidel, Third-Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  Sandra Wallace-Smith, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.   ON BRIEF: Neal Lawrence Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  Roy Cooper, Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.