The following excerpt is from Wyatt v. McDonald, No. CIV S-09-2122 KJM DAD P (E.D. Cal. 2011):
Although he does not provide specific factual allegations in support thereof, petitioner also appears to argue that the statute of limitations should not start to run with respect to his proposed new claims until "mid 2010," when he obtained new counsel and allegedly discovered the existence of those claims. 28 U.S.C. 2244(d)(1)(D) provides that the limitations period may begin to run on "the date on which the factual predicate of the claims or claims presented could have been discovered through the exercise of due diligence." See Redd v. McGrath, 343 F.3d 1077, 1083 (9th Cir. 2003) (the date of the "factual predicate" for purposes of 2244(d)(1)(D) is dependent on when the petitioner "could have learned of the factual basis for
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