How does the statute of limitations apply when a petitioner has filed a timely petition and then amended to replace the original petition with new claims?

MultiRegion, United States of America

The following excerpt is from Ram v. Sacramento Cnty., No. 2:15-cv-2074 WBS DB P (E.D. Cal. 2017):

Where a petitioner has filed a timely petition and then amends to replace the original claims with 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.

Other Questions


Does the statute of limitation for time limitations for petitioner-mothers apply to petitioner-fathers? ("New York", United States of America)
Does the expiration of the statute-licensing statute- limitation period apply to a claim brought by a plaintiff who was brought before the date of the petition was filed? (MultiRegion, United States of America)
Does the contention in the second cause of action under the Statute of Limitations apply to a claim that a claim for money had and received and therefore comes within the statute of limitation? ("New York", United States of America)
Does the statute of limitations under the AEDPA apply during the time between the date that a judgment becomes final and the date on which the petitioner files his first state collateral challenge? (MultiRegion, United States of America)
Does the statute of limitations apply to a petitioner who has not filed a post-conviction application since the expiration of the AEDPA limitation period? (MultiRegion, United States of America)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
Does the statute of limitations under the AEDPA apply during the time between the date of a judgment becoming final and the date on which the petitioner files his first state collateral challenge? (MultiRegion, United States of America)
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)
Does the statute of limitations extend from the time a final decision is issued on direct state appeal to the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Does the statute of limitations apply to a lawsuit filed beyond the applicable state limitations period? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.