United States Ninth Circuit

Affirmed the dismissal of an amended habeas petition on grounds of untimeliness. A state prisoner argued that although he filed his counsel-assisted habeas petition outside the statute of limitations, it related back to his original, timely pro-se petition. In 2-1 decision, the Ninth Circuit disagreed, concluding that his original petition did not provide an aggregation of facts that could support the claims in his amended petition, despite the fact that he had attached a relevant state court order to his original petition.

Appellate Information

• Published 2018/07/19

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel