Lazano

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RICO LYNTICE RILEY, No. 2: 18-cv-3050 TLN KJN P 11 Petitioner, 12 v. FINDINGS & RECOMMENDATIONS 13 PATRICK COVELLO, et al., 14 Respondents. 15 16 Introduction 17 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion to amend 19 his petition to add two claims. (ECF No. 28.) For the reasons stated herein, the undersigned 20 recommends that petitioner’s motion to amend be denied on the grounds that the new claims are 21 barred by the statute of limitations and not exhausted. 22 Legal Standard 23 Leave to amend a habeas petition is governed by Federal Rule of Civil Procedure 15(a) 24 and “‘shall be freely given when justice so requires.’” Morris v. United States Dist. Court, 363 25 F.3d 891, 894 (9th Cir. 2004) (quoting Fed. R. Civ. P. 15(a)). “The policy of allowing 26 amendments ‘is to be applied with extreme liberality.’” …