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DAY v. McDONOUGH

No. 04-1324.

547 U.S. 198 (2006)

DAY v. McDONOUGH, INTERIM SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Supreme Court of United States.

Decided April 25, 2006.

Attorney(s) appearing for the Case

J. Brett Busby argued the cause for petitioner. With him on the briefs were Jeremy Gaston and Andrew H. Schapiro.

Christopher M. Kise, Solicitor General of Florida, argued the cause for respondent. With him on the brief were Charles J. Crist, Jr., Attorney General, Erik M. Figlio and Lynn C. Hearn, Deputy Solicitors General, and Cassandra K. Dolgin, Assistant Attorney General.

Douglas Hallward-Driemeier argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Kathleen A. Felton.*

JUSTICE GINSBURG delivered the opinion of the Court.

This case concerns the authority of a U. S. District Court, on its own initiative, to dismiss as untimely a state prisoner's petition for a writ of habeas corpus. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214, sets a one-year limitation period for filing such petitions, running from "the date on which the judgment became final by the...

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