Neuschmid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCOIS P. GIVENS, No. 2:17-cv-0328 KJM CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT NEUSCHMID, 15 Respondent. 16 17 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas 18 corpus under 28 U.S.C. §2254. On November 3, 2020, the district court judge assigned to this 19 case granted respondent’s June 1, 2018 motion to dismiss. In particular, the court held that all 20 claims in petitioner’s February 26, 2018 amended petition for writ of habeas corpus that do not 21 “relate back” to claims in petitioner’s original petition are dismissed as time-barred. 22 Under Rule 15(c)(1)(B) of the Federal Rules of Civil Procedure, an otherwise untimely 23 claim presented in an amended pleading “relates back to the date of the original pleading when . . 24 . the . . . claim arose out of the conduct, transaction, or occurrence set out—or attempted to be set 25 out—in the original pleading.” A claim in an amended…