Is a motion to amend a Motion to amend the Petitioner's Statement of Claim to add new claims timely?

MultiRegion, United States of America

The following excerpt is from Garrett v. Grounds, No. 2:14-cv-1973 JAM DB P (E.D. Cal. 2017):

Petitioner filed his motion to amend the petition on May 2, 2017, well after the expiration of the limitations period. Where a petitioner has filed a timely petition and then amends to add new claims, but does so after expiration of the statute of limitations, those new claims are only timely if they "relate back" to the claims in the original timely petition. See Mayle v. Felix, 545 U.S. 644, 654-55 (2005). In order for claims to relate back, they must be "tied to a common core of operative facts." Id. at 664. Simply arising out of the same "trial, conviction, or sentence" is insufficient. Id. A claim "does not relate back (and thereby escape AEDPA's one-year time limit) when it asserts a new ground for relief supported by facts that differ in both time and type from those the original pleading set forth." Id. at 650.

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