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