Day v. McDonough, __ U.S. ___ (Apr. 25, 2006) (district court had the power (after giving petitioner notice and a chance to respond) to dismiss a state habeas petition for untimeliness even though the State erroneously agreed it was timely. If the waiver by the State had been deliberate, it would have been an abuse of discretion to dismiss it, but here it was just an error).