(Download) "United States V. Thomas" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Thomas
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 01, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal requires us to decide whether the relation back of amendments provision of Rule 15 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") is consistent with 28 U.S.C. S 2255 and the rules governing S 2255 proceedings, such that an amendment to a timelyfiled S 2255 petition may relate back to the date of the petition after the expiration of the one-year period of limitations prescribed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). We hold that it can. Under Fed. R. Civ. P. 15(c), an amendment which, by way of additional facts, clarifies or amplifies a claim or theory in the petition may, in the District Court's discretion, relate back to the date of that petition if and only if the petition was timely filed and the proposed amendment does not seek to add a new claim or to insert a new theory into the case. Accordingly, we will vacate the District Court's summary dismissal of Thomas's petition and will remand for the Court to determine whether petitioner's proposed amendment does or does not relate back to the date of his petition.