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Martin v. Bear
United States District Court, E.D. Oklahoma
March 29, 2019
DENNIS MARTIN, Petitioner,
CARL BEAR, Warden, Respondent.
OPINION AND ORDER
H. Payne United States District Judge Eastern District of
action is before the Court on Respondent's motion to
dismiss Petitioner's petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 as barred by the statute of
limitations (Dkt. 7). Petitioner is a pro se prisoner in the
custody of the Oklahoma Department of Corrections who is
incarcerated at Joseph Harp Correctional Center in Lexington,
Oklahoma. He is attacking his conviction in Sequoyah County
District Court No. CRF-84-169 for First Degree Murder. The
petition raises one ground for relief, although it appears to
include two separate claims:
U.S. Dist. Court, Western Dist. Of Okla., in Martin v.
Bear, CIV-18-095-D found claims true, ordered
they be brought in 2254. There is no record of any
arrest, charges, information, indictment, trial, conviction
or sentencing, and no judgment and
sentencing order. Petitioner is Indian--Sequoyah
County is Indian Country, Indian Territory, Indian
Land, inside an Indian Reservation by Act of
Congress of 6/7/1887 (30 Stat. L. 83).
(Dkt. 1 at 5) (emphasis in original).
Statute of Limitations Respondent alleges
the petition was filed beyond the one-year statute of
limitations imposed by the Antiterrorism and Effective Death
Penalty Act of 1996 (AEDPA), codified at 28 U.S.C. §
2244(d), and the petition includes unexhausted claims. The
following dates are pertinent to the motion to dismiss:
November 16, 1984: Petitioner was charged
with Count 1, Murder in the First Degree of a seven-year-old
child, and Count 2, Sodomy with the same child in Sequoyah
County District Court No. CRF-1984-169 (Dkt. 8-1, Information
in Sequoyah County No. CRF-1984-169).
April 25, 1985: Petitioner entered a guilty
plea to Count 1, Murder in the First Degree, and was
sentenced to a term of life imprisonment (Dkt. 8-2, Judgment
and Sentence on Plea of Guilty, Felony in Sequoyah County No.
April 24, 1996: Petitioner's one-year
period to file a petition for writ of habeas corpus began to
run on the day the AEDPA took effect, because
Petitioner's conviction was final before enactment of the
April 24, 1997: Petitioner's one-year
limitation period to file a petition for writ of habeas
corpus expired under the AEDPA.
October 9, 2014: Petitioner filed a petition
for writ of habeas corpus pursuant to Okla. Stat. tit. 12,
§ 1334, in the Cleveland County District Court, which
was denied on June 9, 2015 (Dkt. 8-3, Docket Sheet, Cleveland
County Case No. WH-2014-8).
July 2015: Petitioner filed an application
for post-conviction relief in the Sequoyah County District
Court (Dkt. 8-4 at 2, Docket Sheet, Sequoyah County No.
April 28, 2016: The Oklahoma Court of
Criminal Appeals (OCCA) affirmed the denial of
Petitioner's post-conviction application in No.
PC-2015-1114 (Dkt. 8-5, Order Affirming Denial of
Section 2244(d) provides that:
(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of--
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed, if the applicant was
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