Biter

(HC) Salas v. Biter

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20221:15-cv-00831California7,613 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PABLO SALAS, No. 1:15-cv-00831-JLT-EPG-HC Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. MOTION TO AMEND, DIRECTING

CLERK OF COURT TO CLOSE CASE,

M.D. BITER, AND ISSUING CERTIFICATE OF

APPEALABILITY

Respondent. (Doc. 56, 66) 16 I. INTRODUCTION Pablo Salas is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 16, 2021, the assigned magistrate judge issued findings and recommendations recommending that Petitioner’s motion to amend be denied, finding, among other things, that his proposed new claim is untimely because it does not relate back to the claims presented in Petitioner’s original petition and because equitable tolling does not apply. The magistrate judge 25 …

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