Campbell

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH VINCENT WARD, No. 2:23-cv-2175 DAD KJN P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 T. CAMPBELL, 15 Respondent. 16 17 Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for 18 writ of habeas corpus under 28 U.S.C. § 2254. Petitioner again challenges his August 1, 2018 19 conviction for second degree murder. Respondent’s fully briefed motion to dismiss is before the 20 court. 21 As discussed below, respondent’s motion should be granted, and petitioner should be 22 denied leave to amend his original habeas petition to include the instant claims because they are 23 barred by the statute of limitations and do not relate back to his original habeas claim. 24 Prior Habeas Petition 25 On December 2, 2021, petitioner filed a fully exhausted petition for writ of habeas corpus 26 in Ward v. Peery, No. 2:21-cv-2220 DAD KJN (E.D. Cal.), challenging his 2018 conviction for 27 murder. After the petition was…