Certificate Of Indian Blood Itself Doesn’t Toll Limitation For Prisoner’s Petition

(July 24, 2023, 3:32 PM EDT) -- MUSKOGEE, Okla. — A prisoner’s reception of a certificate of degree of Indian blood membership card did not toll the one-year limitations period for filing a petition for writ of habeas corpus under the Antiterrorism and Effective Death Penalty Act (AEDPA) because the prisoner failed to allege that he was previously unaware of his membership in a tribe or that he could not have earlier discovered his membership, an Oklahoma federal judge found in granting the warden-respondent’s motion to dismiss the prisoner’s petition....