OPINION OF THE COURT
MAYLE V. FELIX
545 U. S. 644 (2005)
SUPREME COURT OF THE UNITED STATES
NO. 04-563
DENEICE A. MAYLE, WARDEN, PETITIONER
v. JACOBY LEE FELIX
on writ of certiorari to the united
states court of appeals for the ninth circuit
[June 23, 2005]
Justice Ginsburg
delivered the opinion of the Court.
This case involves
two federal prescriptions: the one-year limitation period imposed
on federal habeas corpus petitioners by the Antiterrorism and
Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C.
§2244(d)(1); and the rule that pleading amendments relate back to
the filing date of the original pleading when both the original
plea and the amendment arise out of the same “conduct, transaction,
or occurrence,” Fed. Rule Civ. Proc. 15(c)(2).
Jacoby Lee Felix, California prisoner and
federal habeas petitioner, was convicted in California state court
of first-degree murder and second-degree robbery, and received a
life sentence. Within the one-year limitation period AEDPA allows
for habeas petitions, Felix filed a
pro se petition in
federal court. He initially alleged,
inter alia, that the
admission into evidence of videotaped testimony of a witness for
the prosecution violated his rights under the Sixth Amendment’s
Confrontation Clause. Five months after the expiration of AEDPA’s
time limit, and eight months after the federal court appointed
counsel to represent him, Felix filed an amended petition in which
he added a new claim for relief: He asserted that, in the course of
pretrial interrogation, the police used coercive tactics to obtain
damaging statements from him, and that admission of those
statements at trial violated his Fifth Amendment right against
self-incrimination. The question presented concerns the timeliness
of Felix’s Fifth Amendment claim.
In ordinary civil proceedings, the governing
Rule, Rule 8 of the Federal Rules of Civil Procedure, requires only
“a short and plain statement of the claim showing that the pleader
is entitled to relief.” Fed. Rule Civ. Proc. 8(a)(2). Rule
2(c) of the Rules Governing Habeas Corpus Cases requires a more
detailed statement. The habeas rule instructs the petitioner to
“specify all the grounds for relief available to [him]” and to
“state the facts supporting each ground.”[
Footnote
1] By statute, Congress provided that a habeas petition “may be
amended … as provided in the rules of procedure applicable to civil
actions.” 28 U. S. C. §2242. The Civil Rule on amended
pleadings, Rule 15 of the Federal Rules of Civil Procedure,
instructs: “An amendment of a pleading relates back to the date of
the original pleading when … the claim … asserted in the amended
pleading arose out of the conduct, transaction, or occurrence set
forth or attempted to be set forth in the original pleading.” Fed.
Rule Civ. Proc. 15(c)(2).
The issue before us is one on which federal
appellate courts have divided: Whether, under Federal Rule of Civil
Procedure 15(c)(2), Felix’s amended petition, filed after AEDPA’s
one-year limitation and targeting his pretrial statements, relates
back to the date of his original timely filed petition, which
targeted the videotaped witness testimony. Felix urges, and the
Court of Appeals held, that the amended petition qualifies for
relation back because both the original petition and the amended
pleading arose from the same trial and conviction. We reverse the
Court of Appeals’ judgment in this regard. An amended habeas
petition, we hold, does not relate back (and thereby escape AEDPA’s
one-year time limit) when it asserts a new ground for relief
supported by facts that differ in both time and type from those the
original pleading set forth.
I
In 1995, after a
jury trial in Sacramento, California, respondent Jacoby Lee Felix
was found guilty of murder and robbery stemming from his
participation in a carjacking in which the driver of the car was
shot and killed. App. E to Pet. for Cert. 2–7. He was sentenced to
life imprisonment without the possibility of parole. App. C to Pet.
for Cert. 1–2. The current controversy centers on two alleged
errors at Felix’s trial. Both involve the admission of out-of-court
statements during the prosecutor’s case in chief, but the two are
otherwise unrelated. One prompted a Fifth Amendment
self-incrimination objection originally raised in the trial court,
the other, a Sixth Amendment Confrontation Clause challenge, also
raised in the trial proceedings.
Felix’s Fifth Amendment claim rested on the
prosecution’s introduction of statements Felix made during pretrial
police interrogation. These statements were adduced at trial on
direct examination of the investigating officer. Felix urged that
the police used coercive tactics to elicit the statements.
Id., at 8–9. His Sixth Amendment claim related to the
admission of the videotaped statements prosecution witness Kenneth
Williams made at a jailhouse interview. The videotape records
Williams, a friend of Felix, telling the police that he had
overheard a conversation in which Felix described the planned
robbery just before it occurred. When Williams testified at trial
that he did not recall the police interview, the trial court
determined that Williams’ loss of memory was feigned, and that the
videotape was admissible because it contained prior inconsistent
statements. App. E to Pet. for Cert. 10–13.
On direct appeal,
Felix urged,
inter alia, that the admission of Williams’
videotaped statements violated Felix’s constitutional right to
confront the witnesses against him. He did not, however, argue that
admission of his own pretrial statements violated his right to
protection against self-incrimination. The intermediate appellate
court affirmed Felix’s conviction and sentence,
id., at
10–13, 17, and the California Supreme Court denied his petition for
review, App. F to Pet. for Cert. 2. Felix’s conviction became final
on August 12, 1997. App. C to Pet. for Cert
. 10.
Under AEDPA’s one-year statute of limitations,
Felix had until August 12, 1998 to file a petition for a writ of
habeas corpus in federal district court. See §2244(d)(1)(A). Within
the one-year period, on May 8, 1998, he filed a
pro se
petition for federal habeas relief. Felix’s federal petition
repeated his Sixth Amendment objection to the admission of the
Williams videotape, but he again failed to reassert the objection
he made in the trial court to the admission of his own pretrial
statements. App. G to Pet. for Cert. 1–7. On May 29, 1998, a
Magistrate Judge appointed counsel to represent Felix. App. C to
Pet. for Cert. 6; App. H to Pet. for Cert. 2. Thereafter, on
September 15, 1998, the Magistrate Judge ordered Felix to file an
amended petition within 30 days.
Id., at 3. On Felix’s
unopposed requests, that period was successively extended.
Id., at 4–5. Pending the filing of an amended petition,
the State was not required to interpose an answer.
On January 28, 1999, over five months after
the August 12, 1998 expiration of AEDPA’s time limit, and eight
months after the appointment of counsel to represent him, Felix
filed an amended petition.
Id., at 5. In this pleading, he
reasserted his Confrontation Clause claim, and also asserted, for
the first time post-trial, that his own pretrial statements to the
police were coerced and therefore inadmissible at trial. App. I to
Pet. for Cert. 4
. Further, he alleged that his counsel on
appeal to the California intermediate appellate court was
ineffective in failing to raise the coerced confession claim on
direct appeal.
Id., at 18–19.[
Footnote
2] In its answer to the amended petition, the State asserted
that the Fifth Amendment claim was time barred because it was
initially raised after the expiration of AEDPA’s one-year
limitation period. Felix argued in response that the new claim
related back to the date of his original petition. Because both
Fifth Amendment and Confrontation Clause claims challenged the
constitutionality of the same criminal conviction, Felix urged, the
Fifth Amendment claim arose out of the “conduct, transaction, or
occurrence set forth … in the original pleading,” Fed. Rule Civ.
Proc. 15(c)(2). App. C to Pet. for Cert. 16.
The Magistrate Judge recommended dismissal of
Felix’s Fifth Amendment coerced statements claim. Relation back was
not in order, the Magistrate said, because Felix’s “allegedly
involuntary statements to police d[id] not arise out of the same
conduct, transaction or occurrence as the videotaped interrogation
of [prosecution witness] Kenneth Williams.”
Id., at 16. It
did not suffice, the Magistrate observed, that Felix’s Fifth and
Sixth Amendment claims attack the same criminal conviction.
Ibid. Adopting the Magistrate Judge’s report and
recommendation in full, the District Court dismissed the Fifth
Amendment claim as time barred, and rejected the Confrontation
Clause claim on its merits. App. B to Pet. for Cert. 1–3.
A divided panel of the Court of Appeals for
the Ninth Circuit affirmed the District Court’s dismissal of
Felix’s Confrontation Clause claim, but reversed the dismissal of
his coerced statements claim and remanded that claim for further
proceedings. 379 F. 3d 612 (2004). In the majority’s view, the
relevant “transaction” for purposes of Rule 15(c)(2) was Felix’s
“trial and conviction in state court.”
Id., at 615.
Defining the transaction at any greater level of specificity, the
majority reasoned, would “unduly strai[n] the usual meaning of
‘conduct, transaction, or occurrence’ ” by dividing the “trial
and conviction [into] a series of perhaps hundreds of individual
occurrences.”
Ibid. Judge Tallman concurred in part and
dissented in part. In his view, defining “conduct, transaction, or
occurrence” under Rule 15(c)(2) “so broadly that any claim stemming
from pre-trial motions, the trial, or sentencing relates back to a
timely-filed habeas petition” would “obliterat[e] AEDPA’s one year
statute of limitation.”
Id., at 618. “While an amendment
offered to clarify or amplify the facts already alleged in support
of a timely claim may relate back,” he reasoned, “an amendment that
introduces a new legal theory based on facts different from those
underlying the timely claim may not.”
Id., at 621.
We granted certiorari, 543 U. S. ___ (2005),
to resolve the conflict among Courts of Appeals on relation back of
habeas petition amendments. Compare 379 F. 3d, at 614 (if
original petition is timely filed, amendments referring to the same
trial and conviction may relate back);
Ellzey v.
United States, 324 F. 3d 521, 525–527 (CA7 2003)
(same), with
United States v.
Hicks, 283
F. 3d 380, 388–389 (CADC 2002) (relevant transaction must be
defined more narrowly than the trial and conviction);
United
States v.
Espinoza-Saenz, 235 F. 3d 501, 503–505
(CA10 2000) (same);
Davenport v.
United States,
217 F. 3d 1341, 1344–1346 (CA11 2000) (same);
United
States v.
Pittman, 209 F. 3d 314, 317–318 (CA4
2000) (same);
United States v.
Duffus, 174
F. 3d 333, 337 (CA3 1999) (same);
United States v.
Craycraft, 167 F. 3d 451, 457 (CA8 1999) (same). We
now reverse the Ninth Circuit’s judgment to the extent that it
allowed relation back of Felix’s Fifth Amendment claim.
II
A
In enacting AEDPA in
1996, Congress imposed for the first time a fixed time limit for
collateral attacks in federal court on a judgment of conviction.
Section 2244(d)(1) provides: “A 1-year period of limitation shall
apply to an application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court.” See also §2255,
¶6 (providing one-year limitation period in which to file a motion
to vacate a federal conviction).[
Footnote 3]
A discrete set of
Rules governs federal habeas proceedings launched by state
prisoners. See Rules Governing Section 2254 Cases in the United
States District Courts.[
Footnote 4] The last of
those Rules, Habeas Corpus Rule 11, permits application of the
Federal Rules of Civil Procedure in habeas cases “to the extent
that [the civil rules] are not inconsistent with any statutory
provisions or [the habeas] rules.” See also Fed. Rule Civ. Proc.
81(a)(2) (The civil rules “are applicable to proceedings for …
habeas corpus.”). Rule 11, the Advisory Committee’s Notes caution,
“permits application of the civil rules only when it would be
appropriate to do so,” and would not be “inconsistent or
inequitable in the overall framework of habeas corpus.” Advisory
Committee’s Note on Habeas Corpus Rule 11, 28 U. S. C., p.
480. In addition to the general prescriptions on application of the
civil rules in federal habeas cases, §2242 specifically provides
that habeas applications “may be amended … as provided in the rules
of procedure applicable to civil actions.”
The Civil Rule governing pleading amendments,
Federal Rule of Civil Procedure 15, made applicable to habeas
proceedings by §2242, Federal Rule of Civil Procedure 81(a)(2), and
Habeas Corpus Rule 11, allows pleading amendments with “leave of
court” any time during a proceeding. See Fed. Rule Civ. Proc.
15(a). Before a responsive pleading is served, pleadings may be
amended once as a “matter of course,”
i.e., without
seeking court leave.
Ibid. Amendments made after the
statute of limitations has run relate back to the date of the
original pleading if the original and amended pleadings “ar[i]se
out of the conduct, transaction, or occurrence.” Rule 15(c)(2).
The “original pleading” to which Rule 15
refers is the complaint in an ordinary civil case, and the petition
in a habeas proceeding. Under Rule 8(a), applicable to ordinary
civil proceedings, a complaint need only provide “fair notice of
what the plaintiff’s claim is and the grounds upon which it rests.”
Conley v.
Gibson, 355 U. S. 41, 47 (1957).
Habeas Corpus Rule 2(c) is more demanding. It provides that the
petition must “specify all the grounds for relief available to the
petitioner” and “state the facts supporting each ground.” See also
Advisory Committee’s Note on subd. (c) of Habeas Corpus Rule 2, 28
U. S. C., p. 469 (“In the past, petitions have frequently
contained mere conclusions of law, unsupported by any facts. [But]
it is the relationship of the facts to the claim asserted that is
important … .”); Advisory Committee’s Note on Habeas Corpus
Rule 4, 28 U. S. C., p. 471 (“ ‘[N]otice’ pleading is not
sufficient, for the petition is expected to state facts that point
to a real possibility of constitutional error.” (internal quotation
marks omitted)). Accordingly, the model form available to aid
prisoners in filing their habeas petitions instructs in
boldface:
“CAUTION: You must include in
this petition all the grounds for relief from the conviction or
sentence that you challenge. And you must state the facts that
support each ground. If you fail to set forth all the grounds in
this petition, you may be barred from presenting additional grounds
at a later date.” Petition for Relief From a Conviction or Sentence
By a Person in State Custody, Habeas Corpus Rules, Forms App.
(emphasis in original).
A prime purpose of
Rule 2(c)’s demand that habeas petitioners plead with particularity
is to assist the district court in determining whether the State
should be ordered to “show cause why the writ should not be
granted.” §2243. Under Habeas Corpus Rule 4, if “it plainly appears
from the petition … that the petitioner is not entitled to relief
in district court,” the court must summarily dismiss the petition
without ordering a responsive pleading. If the court orders the
State to file an answer, that pleading must “address the
allegations in the petition.” Rule 5.
B
This case turns on
the meaning of Federal Rule of Civil Procedure 15(c)(2)’s
relation-back provision in the context of federal habeas
proceedings and AEDPA’s one-year statute of limitations. Rule
15(c)(2), as earlier stated, provides that pleading amendments
relate back to the date of the original pleading when the claim
asserted in the amended plea “arose out of the conduct,
transaction, or occurrence set forth or attempted to be set forth
in the original pleading.” The key words are “conduct, transaction,
or occurrence.” The Ninth Circuit, whose judgment we here review,
in accord with the Seventh Circuit, defines those words to allow
relation back of a claim first asserted in an amended petition, so
long as the new claim stems from the habeas petitioner’s trial,
conviction, or sentence. Under that comprehensive definition,
virtually any new claim introduced in an amended petition will
relate back, for federal habeas claims, by their very nature,
challenge the constitutionality of a conviction or sentence, and
commonly attack proceedings anterior thereto. See
Espinoza-Saenz, 235 F. 3d, at 505 (A “majority of
amendments” to habeas petitions raise issues falling under the
“broad umbrella” of “a defendant’s trial and sentencing.”);
Hicks, 283 F. 3d, at 388.
The majority of
Circuits, mindful of “Congress’ decision to expedite collateral
attacks by placing stringent time restrictions on [them],”
id., at 388, define “conduct, transaction, or occurrence”
in federal habeas cases less broadly. See
id., at 388–389;
Espinoza-Saenz, 235 F. 3d, at 503–505;
Davenport, 217 F. 3d, at 1344–1346;
Pittman,
209 F. 3d, at 317–318;
Duffus, 174 F. 3d, at
337;
Craycraft, 167 F. 3d, at 457. They allow
relation back only when the claims added by amendment arise from
the same core facts as the timely filed claims, and not when the
new claims depend upon events separate in “both time and type” from
the originally raised episodes.
Craycraft, 167 F. 3d,
at 457. Because Felix’s own pretrial statements, newly raised in
his amended petition, were separated in time and type from witness
Williams’ videotaped statements, raised in Felix’s original
petition, the former would not relate back under the definition of
“conduct, transaction, or occurrence” to which most Circuits
adhere.
We are not aware, in the run-of-the-mine civil
proceedings Rule 15 governs, of any reading of “conduct,
transaction, or occurrence” as capacious as the construction the
Ninth and Seventh Circuits have adopted for habeas cases. Compare
Maegdlin v.
International Assn. of Machinists and
Aerospace Workers, 309 F. 3d 1051, 1052 (CA8 2002)
(allowing relation back where original complaint alleged that
defendant union had breached its duty of fair representation by
inadequately representing plaintiff because of his gender, and
amended complaint asserted a Title VII gender discrimination claim
based on the same differential treatment);
Clipper
Exxpress v.
Rocky Mountain Motor Tariff Bureau,
Inc., 690 F. 2d 1240, 1246, 1259, n. 29 (CA9 1982)
(claim asserting that defendant included fraudulent information in
rate protests filed with the Interstate Commerce Commission related
back to original complaint, which asserted that defendant filed the
same rate protests “for the purpose of … restricting … competition”
(internal quotation marks omitted))[
Footnote 5];
Santana v.
Holiday Inns, Inc., 686 F. 2d
736, 738 (CA9 1982) (original complaint alleging slander and
amendment alleging interference with employment relations arose out
of the same conduct or occurrence because both were based on
defendant’s making allegedly untruthful statements about
plaintiff’s behavior to plaintiff’s employer);
Rural Fire
Protection Co. v.
Hepp, 366 F. 2d 355, 361–362
(CA9 1966) (in a Fair Labor Standards Act of 1938 suit alleging
minimum wage violations for certain pay periods, amendment
asserting the same type of violation during an additional pay
period related back), with
Nettis v.
Levitt, 241
F. 3d 186, 193 (CA2 2001) (disallowing relation back where
Nettis’ original complaint alleged that his employer retaliated in
response to Nettis’ objections to employer’s sales tax collection
procedure, and amendment alleged retaliation for Nettis’ report of
payroll and inventory irregularities);
In re Coastal
Plains, Inc., 179 F. 3d 197, 216 (CA5 1999) (Coastal
Plains’s claim that creditor interfered with business relations by
attempting to sell Coastal Plains to a third party did not relate
back to claim based on creditor’s failure to return inventory to
Coastal Plains, even though both claims were linked to creditor’s
alleged “broader plan to destroy Coastal [Plains]”);
Sierra
Club v.
Penfold, 857 F. 2d 1307, 1315–1316 (CA9
1988) (where original complaint challenged the manner in which an
agency applied a regulation, an amendment challenging the agency’s
“conduct in adopting the regulatio[n]” did not relate back). See
also
Jackson v.
Suffolk County Homicide Bureau,
135 F. 3d 254, 256 (CA2 1998) (although all of plaintiff’s 42
U. S. C. §1983 claims arose out of a single state-court
criminal proceeding, plaintiff’s First Amendment claims did not
arise out of the same conduct as the originally asserted excessive
force claims, and therefore did not relate back). As these
decisions illustrate, Rule 15(c)(2) relaxes, but does not
obliterate, the statute of limitations; hence relation back depends
on the existence of a common “core of operative facts” uniting the
original and newly asserted claims. See
Clipper Exxpress,
690 F. 2d, at 1259, n. 29; 6A C. Wright, A. Miller, & M.
Kane, Federal Practice and Procedure §1497, p. 85 (2d ed.
1990).
Felix asserts that he seeks, and the Ninth
Circuit accorded, no wider range for Rule 15(c)’s relation back
provision than this Court gave to the Rule’s key words “conduct,
transaction, or occurrence” in
Tiller v.
Atlantic
Coast Line R. Co.,
323 U. S. 574, 580–581
(1945). We disagree. In
Tiller, a railroad worker was
struck and killed by a railroad car. His widow sued under the
Federal Employers Liability Act, 45 U. S. C. §51
et
seq., to recover for his wrongful death. She initially alleged
various negligent acts. In an amended complaint, she added a claim
under the Federal Boiler Inspection Act for failure to provide the
train’s locomotive with a rear light. We held that the amendment
related back, and therefore avoided a statute of limitations bar,
even though the amendment invoked a legal theory not suggested by
the original complaint and relied on facts not originally
asserted.
There was but one episode-in-suit in
Tiller, a worker’s death attributed from the start to the
railroad’s failure to provide its employee with a reasonably safe
place to work. The federal rulemakers recognized that personal
injury plaintiffs often cannot pinpoint the precise cause of an
injury prior to discovery. See 5 C. Wright & A. Miller, Federal
Practice and Procedure §1215, pp. 138–143 (2d ed. 1990). They
therefore included in the Appendix to the Federal Rules an
illustrative form indicating that a personal injury plaintiff could
adequately state a claim for relief simply by alleging that the
defendant negligently operated a certain instrumentality at a
particular time and place. See Form 9, Complaint for Negligence,
Forms App., Fed. Rule Civ. Proc., 28 U. S. C. App., p. 829.
The widow in
Tiller met that measure. She based her
complaint on a single “occurrence,” an accident resulting in her
husband’s death. In contrast, Felix targeted separate episodes, the
pretrial police interrogation of witness Williams in his original
petition, his own interrogation at a different time and place in
his amended petition.
Felix contends, however, that his amended
petition qualifies for relation back because the trial itself is
the “transaction” or “occurrence” that counts. See Brief for
Respondent 21–23. Citing
Chavez v.
Martinez,
538 U. S. 760
(2003) (plurality opinion), Felix urges that neither the videotaped
interview with witness Williams nor the pretrial police
interrogation to which Felix himself was exposed transgressed any
constitutional limitation. Until the statements elicited by the
police were introduced at trial, Felix argues, he had no actionable
claim at all. Both the confrontation right he timely presented and
the privilege against self-incrimination he asserted in his amended
petition are “trial right[s],” Felix underscores. Brief for
Respondent 21 (emphasis deleted). His claims based on those rights,
he maintains, are not “separate,”
id., at 22; rather, they
are related in time and type, for “they arose on successive days
during the trial and both challenged [on constitutional grounds]
admission of pretrial statements,”
id., at 22–23.
Felix artificially truncates his claims by
homing in only on what makes them actionable in a habeas
proceeding. We do not here question his assertion that his Fifth
Amendment right did not ripen until his statements were admitted
against him at trial. See
Chavez, 538 U. S., at 766–767.
Even so, the essential predicate for his self-incrimination claim
was an extrajudicial event,
i.e., an out-of-court police
interrogation. The dispositive question in an adjudication of that
claim would be the character of Felix’s conduct, not in court, but
at the police interrogation, specifically, did he answer
voluntarily or were his statements coerced. See
Haynes v.
Washington, 373 U. S. 503, 513–514
(1963) (voluntariness is evaluated by examining the “totality of
circumstances” surrounding the “making and signing of the
challenged confession”).
Habeas Corpus Rule 2(c), we earlier noted, see
supra, at 8–9, instructs petitioners to “specify all
[available] grounds for relief” and to “state the facts supporting
each ground.” Under that Rule, Felix’s Confrontation Clause claim
would be pleaded discretely, as would his self-incrimination claim.
Each separate congeries of facts supporting the grounds for relief,
the Rule suggests, would delineate an “occurrence.”
Felix’s
approach, the approach that prevailed in the Ninth Circuit, is
boundless by comparison. A miscellany of claims for relief could be
raised later rather than sooner and relate back, for “conduct,
transaction, or occurrence” would be defined to encompass any
pretrial, trial, or post-trial error that could provide a basis for
challenging the conviction. An approach of that breadth, as the
Fourth Circuit observed, “views ‘occurrence’ at too high a level of
generality.” Pittman, 209 F. 3d, at 318.[Footnote 6]
Congress enacted AEDPA to advance the finality
of criminal convictions. See
Rhines v.
Weber, 544
U. S. ___, ___ (2005) (slip op., at 6). To that end, it adopted a
tight time line, a one-year limitation period ordinarily running
from “the date on which the judgment became final by the conclusion
of direct review or the expiration of the time for seeking such
review,” 28 U. S. C. §2244(d)(1)(A). If claims asserted after
the one-year period could be revived simply because they relate to
the same trial, conviction, or sentence as a timely filed claim,
AEDPA’s limitation period would have slim significance. See 379
F. 3d, at 619 (Tallman, J., concurring in part and dissenting
in part) (Ninth Circuit’s rule would permit “the ‘relation back’
doctrine to swallow AEDPA’s statute of limitation”);
Pittman, 209 F. 3d, at 318 (“If we were to craft such
a rule, it would mean that amendments … would almost invariably be
allowed even after the statute of limitations had expired, because
most [habeas] claims arise from a criminal defendant’s underlying
conviction and sentence.”);
Duffus, 174 F. 3d, at 338
(“A prisoner should not be able to assert a claim otherwise barred
by the statute of limitations merely because he asserted a separate
claim within the limitations period.”). The very purpose of Rule
15(c)(2), as the dissent notes, is to “qualify a statute of
limitations.”
Post, at 2. But “qualify” does not mean
repeal. See
Fuller v.
Marx, 724 F. 2d 717, 720
(CA8 1984). Given AEDPA’s “finality” and “federalism” concerns, see
Williams v.
Taylor, 529 U. S. 420, 436
(2000);
Hicks, 283 F. 3d, at 389, it would be
anomalous to allow relation back under Rule 15(c)(2) based on a
broader reading of the words “conduct, transaction, or occurrence”
in federal habeas proceedings than in ordinary civil litigation,
see
supra, at 10–12.
Felix urges that an unconstrained reading of
Rule 15(c)(2) is not problematic because Rule 15(a) arms district
courts with “ample power” to deny leave to amend when justice so
requires. See Brief for Respondent 31–33. Under that Rule, once a
responsive pleading has been filed, a prisoner may amend the
petition “only by leave of court or by written consent of the
adverse party.” Rule 15(a); see
Ellzey v.
United
States, 324 F. 3d 521, 526 (CA7 2003) (AEDPA’s aim to
“expedite resolution of collateral attacks … should influence the
exercise of discretion under Rule 15(a)—which gives the district
judge the right to disapprove proposed amendments that would unduly
prolong or complicate the case.”). This argument overlooks a
pleader’s right to amend without leave of court “any time before a
responsive pleading is served.” Rule 15(a). In federal habeas cases
that time can be rather long, as indeed it was in the instant case.
See
supra, at 4. Under Habeas Corpus Rule 4, a petition is
not immediately served on the respondent. The judge first examines
the pleading to determine whether “it plainly appears … that the
petitioner is not entitled to relief.” Only if the petition
survives that preliminary inspection will the judge “order the
respondent to file an answer.” In the interim, the petitioner may
amend his pleading “as a matter of course,” as Felix did in this
very case. Rule 15(a). Accordingly, we do not regard Rule 15(a) as
a firm check against petition amendments that present new claims
dependent upon discrete facts after AEDPA’s limitation period has
run.
Our rejection of Felix’s translation of same
“conduct, transaction, or occurrence” to mean same “trial,
conviction, or sentence” scarcely leaves Rule 15(c)(2) “meaningless
in the habeas context,” 379 F. 3d, at 615. So long as the
original and amended petitions state claims that are tied to a
common core of operative facts, relation back will be in
order.[
Footnote 7] Our reading is consistent with
the general application of Rule 15(c)(2) in civil cases, see
supra, at 10–12, with Habeas Corpus Rule 2(c), see
supra, at 8–9, and with AEDPA’s installation of a tight
time line for §2254 petitions, see
supra, at
15–16.[
Footnote 8]
***
As to the question
presented, for the reasons stated, the judgment of the Court of
Appeals for the Ninth Circuit is reversed, and the case is remanded
for further proceedings consistent with this opinion.
It is so ordered.
Footnote 1
The Habeas Corpus Rules were
recently amended, effective December 1, 2004. Because the amended
Rules are not materially different from those in effect when Felix
filed his habeas petition, this opinion refers to the current
version of the Rules.
Footnote 2
Because Felix had not presented
his coerced statements Fifth Amendment claim on appeal to the
California courts, the State moved to dismiss the amended petition
on the ground that it contained both exhausted and unexhausted
claims. See 28 U. S. C. §2254(b)(1)(A); Brief for Respondent
6–7. Before the Magistrate Judge acted on the motion, Felix
presented the coerced statements/ineffective assistance claim to
the California Supreme Court in a habeas petition. Opposition to
Respondents’ Motion to Dismiss in No. Civ. S–98–0828 WBS GGH P (ED
Cal.), p. 3. After that court denied the petition without
comment, the State withdrew its motion to dismiss. See Request to
Vacate Hearing on Motion to Dismiss in No. Civ. S–98–0828 WBS GGH P
(ED Cal.), pp. 1–2.
Footnote 3
Section 2255 establishes a
separate avenue for postconviction challenges to federal, as
opposed to state, convictions.
Footnote 4
Habeas corpus proceedings are
characterized as civil in nature. See,
e.g.,
Fisher v.
Baker, 203 U. S. 174, 181
(1906).
Footnote 5
The dissent asserts that
Clipper Exxpress is comparable to this case in according
Rule 15(c)(2) a “ ‘capacious’ ” reading.
Post,
at 4, n. 2.
Clipper Exxpress involved a series of
allegedly sham protests, commonly designed to restrain trade, a
charge of the pattern or practice type. The amendment in question
added a fraud charge, a new legal theory tied to the same operative
facts as those initially alleged.
Clipper Exxpress, 690
F. 2d, at 1259, n. 29. That unremarkable application of the
relation-back rule bears little resemblance to the argument made by
Felix and embraced by the dissent—that all manner of factually and
temporally unrelated conduct may be raised after the statute of
limitations has run and relate back, so long as the new and
originally pleaded claims challenge the same conviction. See
infra, at 12–15.
Footnote 6
The dissent builds a complex
discussion on an apparent assumption that claim preclusion operates
in habeas cases largely as it does in mine-run civil cases. See
post, at 9–11. Ironically, few habeas petitions would
survive swift dismissal were that so, for the very objective of the
petition is to undo a final judgment after direct appeals have been
exhausted or are time barred. On judicial and legislative
development of standards governing successive habeas petitions,
standards that do not track the Restatement of Judgments, see
Schlup v.
Delo, 513 U. S. 298, 317–320
(1995); 2 R. Hertz & J. Liebman, Federal Habeas Corpus Practice
and Procedure §28.2b, pp. 1270–1275 (4th ed. 2001); Note,
Developments in the Law—Federal Habeas Corpus, 83 Harv.
L. Rev. 1038, 1113, 1148–1154 (1970). The dissent would read
Rule 15(c)(2)’s words, “conduct, transaction, or occurrence,” into
AEDPA’s provisions governing second or successive petitions and
motions (28 U. S. C. §§2244(b) and 2255, ¶8), although
Congress did not put those words there. Nor is there any other
reason to believe that Congress designed AEDPA’s confinement of
successive petitions and motions with a view to the relation back
concept employed in Rule 15(c)(2).
Footnote 7
For example, in
Mandacina v.
United States, 328 F. 3d 995,
1000–1001 (CA8 2003), the original petition alleged violations of
Brady v.
Maryland,
373 U. S. 83 (1963),
while the amended petition alleged the Government’s failure to
disclose a particular report. Both pleadings related to evidence
obtained at the same time by the same police department. The Court
of Appeals approved relation back. And in
Woodward v.
Williams, 263 F. 3d 1135, 1142 (CA10 2001), the
appeals court upheld relation back where the original petition
challenged the trial court’s admission of recanted statements,
while the amended petition challenged the court’s refusal to allow
the defendant to show that the statements had been recanted. See
also 3 J. Moore, et al., Moore’s Federal Practice §15.19[2], p.
15–82 (3d ed. 2004) (relation back ordinarily allowed “when the new
claim is based on the same facts as the original pleading and only
changes the legal theory”).
Footnote 8
The dissent is concerned that
our decision “creates an unfair disparity between indigent habeas
petitioners and those able to afford their own counsel.”
Post, at 1; see
post, at 11 (“[T]oday’s decision
… will fall most heavily on the shoulders of indigent habeas
petitioners who can afford no counsel without the assistance of the
court.”). The concern is understandable, although we note that in
Felix’s case, counsel was appointed, and had some two and a half
months to amend the petition before AEDPA’s limitation period
expired. See
supra, at 4. That was ample time to add a
claim based on the alleged pretrial extraction of damaging
statements from Felix. Ordinarily, as we observed in
Halbert v.
Michigan,
ante, at 17,
n. 8, the government (federal or state) “ ‘need not
equalize economic conditions’ between criminal defendants of lesser
and greater wealth.” (quoting
Griffin v.
Illinois, 351 U. S. 12, 23 (1956)
(Frankfurter, J., concurring in judgment); see
Pennsylvania v.
Finley, 481 U. S. 551, 557
(1987) (holding that States need not provide appointed counsel in
postconviction proceedings). This case, it is inescapably true,
does not fit within the confined circumstances in which our
decisions require appointment of counsel for an indigent litigant
at a critical stage to ensure his meaningful access to justice. See
Halbert,
ante, at 2–4, 17, n. 8.
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