
    No. 10-9995.
    Patrick Wood, Petitioner v. Kevin Milyard, Warden, et al.
    564 U.S. 1066, 132 S. Ct. 70,
    180 L. Ed. 2d 939,
    2011 U.S. LEXIS 5201.
    September 27, 2011.
   Motion of petitioner for leave to proceed in forma pau-peris granted. Petition for writ of certio-rari to the United States Court of Appeals for the Tenth Circuit granted limited to the following questions: (1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. § 2244(d) statute of limitations defense? (2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?

Same case below, 403 Fed. Appx. 335.  