Dykes

MEMORANDUM *

Timur Dykes appeals the district court’s denial of his 28 U.S.C. § 2254 amended petition for habeas corpus relief. The district court held that even though Dykes’s amended petition was filed after the one-year statute of limitations for habeas relief expired, see 28 U.S.C. § 2244 (d)(1), his newly added due process claim related back to the date of the original pleading under Federal Rule of Civil Procedure 15(c)(2). The court found against Dykes, however, on the merits of that due process claim. We review the denial of Dykes’s habeas petition de novo. Medina v. Hornung, 372 F.3d 1120, 1124 (9th Cir.2004).

Dykes’s original petition contained one claim based on his Fifth Amendment right to due process, and three based on his Sixth Amendment right to effective assistance of counsel. Dykes’s original due process claim alleged that the trial transcripts were significantly altered, thereby hindering the preparation of appellate and post-conviction briefs. Dykes’s amended petition added another due process claim alleging that his trial was rendered fundamentally unfair when the trial court permitted the state, over objection, to introduce inadmissible hearsay testimony…