Does the AEDPA statute of limitations have jurisdiction or equitable tolling?
MultiRegion, United States of America
The following excerpt is from Andrade v. Johnson, Case No.: 3:20-cv-01147-MMA-RBM (S.D. Cal. 2021):
AEDPA is "subject to equitable tolling in appropriate cases."4 Holland v. Florida, 560 U.S. 631, 645 (2010). The AEDPA statute of limitations defense is not jurisdictional. Id. A non-jurisdictional federal statute of limitations, such as AEDPA's, is "subject to a 'rebuttable presumption' in favor 'of equitable tolling.'" Id. at 645-46 (quoting Irwin v.
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