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FELIX v. MAYLE

No. 02-16614.

379 F.3d 612 (2004)

Jacoby Lee FELIX, Petitioner-Appellant, v. Deneice A. MAYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 13, 2004.

Resubmitted July 8, 2004.

Filed August 9, 2004.

Attorney(s) appearing for the Case

David M. Porter, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant.

Mathew Chan, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before: CANBY, JR., W. FLETCHER, and TALLMAN, Circuit Judges.

CANBY, Circuit Judge:

This case, in which state prisoner Jacoby Lee Felix seeks a federal writ of habeas corpus to overturn his state conviction, presents an important question of federal civil procedure that has divided other circuits. The question is this: when a habeas petitioner challenging a state conviction amends his federal petition to include a new claim, does the amendment relate back to the date of filing of his...

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