Lazano
(HC) Riley v. Lazano
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RICO LYNTICE RILEY, No. 2: 18-cv-3050 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS PATRICK COVELLO, et al., Respondents. 15 Introduction Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to amend his petition to add two claims. (ECF No. 28.) For the reasons stated herein, the undersigned recommends that petitioner’s motion to amend be denied on the grounds that the new claims are barred by the statute of limitations and not exhausted. Legal Standard Leave to amend a habeas petition is governed by Federal Rule of Civil Procedure 15(a) and “‘shall be freely given when justice so requires.’” Morris v. United States Dist. Court, 363 F.3d 891, 894 (9th Cir. 2004) (quoting Fed. R. Civ. P. 15(a)). “The policy of allowing amendments ‘is to be applied with extreme liberality.’” …