Wednesday, December 15, 2010

District court may choose not to dismiss for lack of jurisdiction after SOL has run

Huntley v. United States, Nos. 3:10cv399, 3:07cr243-1, 2010 WL 505760 (W.D.N.C. Dec. 6, 2010):

(District Court chooses not to dismiss for lack of jurisdiction when statute of limitations of § 2255 has clearly run.)

The Petitioner's motion is untimely.  The Court, however, does not find the motion should be dismissed on this ground and thus does not warn the Petitioner that the motion is subject to dismissal as untimely absent sufficient explanation.

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