Does the statute of limitations apply when a judgment is final?

"Finality attaches [to the judgment] when [the United States Supreme Court] affirms a conviction on the merits on direct review or denies a petition for a writ of certiorari, or when the time for filing a certiorari petition expires." Clay v. United States, 537 U.S. 522, 528 (2003). Because the petition states that petitioner did file a petition for certiorari, it is not clear on the present record that the statute of limitations expired on June 10, 2015, as respondent argues. Nor is it clear on what date judgment became final. Accordingly, the undersigned cannot find that the claims petitioner wishes to exhaust would necessarily be untimely unless they relate back to the original complaint.⁴

D. Conclusion