Eirtis McKay v. James D. Purkett, 255 F.3d 660 (8th Cir. 2001). · Go Syfert
Eirtis McKay v. James D. Purkett, 255 F.3d 660 (8th Cir. 2001). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: Hedayat Saghir v. Schenker Logistics (ca8, 2013-04-16)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Hedayat Saghir v. Schenker Logistics
8th Cir. · 2013 · confidence medium
McKay v. Purkett, 255 F.3d 660, 661 (8th Cir.2001) (standard of review).
discussed Cited as authority (rule) United States v. Juan Gerardo Hernandez, Also Known as Chapin
8th Cir. · 2006 · confidence medium
See Mandacina v. United States, 328 F.3d 995 , 1000 & n. 3 (8th Cir.), cert. denied, 540 U.S. 1018 , 124 S.Ct. 592 , 157 L.Ed.2d 433 (2003) (holding that § 2255 proceedings are civil in nature and governed by the Federal Rules of Civil Procedure); United States v. Craycraft, 167 F.3d 451 , 457 n. 6 (8th Cir.1999) (same); see also Ryan v. Clarke, 387 F.3d 785, 789 (8th Cir.2004) (holding that the Federal Rules of Civil Procedure govern § 2254 cases because *857 they are civil in nature), cert. denied, — U.S. —, 125 S.Ct. 2526 , 161 L.Ed.2d 1119 (2005); McKay v. Purkett, 255 F.3d 660, 660-…
discussed Cited as authority (rule) United States v. Juan G. Hernandez
8th Cir. · 2006 · confidence medium
See Mandacina v. United States, 328 F.3d 995 , 1000 & n.3 (8th Cir.), cert. denied, 540 U.S. 1018 (2003) (holding that § 2255 proceedings are civil in nature and governed by the Federal Rules of Civil Procedure); United States v. Craycraft, 167 F.3d 451 , 457 n.6 (8th Cir. 1999) (same); see also Ryan v. Clarke, -7- 387 F.3d 785, 789 (8th Cir. 2004) (holding that the Federal Rules of Civil Procedure govern § 2254 cases because they are civil in nature), cert. denied, 125 S. Ct. 2526 (2005); McKay v. Purkett, 255 F.3d 660, 660-61 (8th Cir.) (per curiam) (same), cert. denied, 534 U.S. 1068 (200…
cited Cited as authority (rule) Brown v. McKee
E.D. Mich. · 2002 · confidence medium
McKay v. Puckett, 255 F.3d 660, 661 (8th Cir.2001); cert. den. — U.S. -, 122 S.Ct. 672 , 151 L.Ed.2d 585 (2001)(internal quotation omitted); Fed.Rules Civ.Proc.Rule 15(c)(2).
discussed Cited "see" Johnson v. Norman
E.D. Mo. · 2021 · signal: accord · confidence high
Mayle v. Felix, 545 U.S. 644, 655 (2005); accord McKay v. Purkett, 255 F.3d 660, 661 (8th Cir. 2001) (per curiam) (no abuse of discretion in district court’s dismissal of amended habeas petition when the claims did not relate back to claims in original, timely- filed petition).
discussed Cited "see" Holmes v. Jennings
E.D. Mo. · 2021 · signal: accord · confidence high
Mayle v. Felix, 545 U.S. 644, 655 (2005) (discussing an amended petition under prior Federal Rule of Civil Procedure 15(c)(2), the predecessor of what is now Rule 15(c)(1)(B)); accord McKay v. Purkett, 255 F.3d 660 (8th Cir. 2001) (per curiam) (same).
discussed Cited "see, e.g." Rhines v. Weber
D.S.D. · 2018 · signal: see also · confidence medium
P. 15(c); see also McKay v. Purkett, 255 F.3d 660, 660-61 (8th Cir. 2001) (applying Rule 15(c) to a petitioner’s § 2254 amended petition and affirming the district court’s dismissal of the amended claims because they did not relate back to petitioner’s original claims).
Retrieving the full opinion text from the archive…
Eirtis McKAY, Appellant,
v.
James D. PURKETT, Appellee
00-2483.
Court of Appeals for the Eighth Circuit.
Jun 21, 2001.
255 F.3d 660
Eirtis McKay, pro se., Cassandra K. Dolgin, Asst. Atty. Gen., Jefferson City, MO, for Appellee.
Bowman, Beam, Loken.
Cited by 8 opinions  |  Published
PER CURIAM.

Missouri inmate Eirtis McKay pleaded guilty to first degree assault and armed criminal action, and the Missouri courts denied his motion for postconviction relief. See McKay v. State, 963 S.W.2d 391 (Mo.Ct.App.1998). McKay then timely sought habeas relief under 28 U.S.C. § 2254, asserting three claims of error by the state postconviction trial court. More than a year later, after the one-year federal habe-as statute of limitations had run, see 28 U.S.C § 2244(d), McKay filed an amended petition for habeas relief, asserting three claims of ineffective assistance of counsel occurring prior to his guilty plea and at sentencing. Respondent moved to dismiss the amended petition as untimely.

The district court [1] dismissed McKay’s original claims of state court er[*661] ror as uncognizable and dismissed his amended claims as untimely. McKay appeals the dismissal of his amended claims. Those claims are untimely unless they relate back to the filing date of the original claims under Rule 15(c)(2) of the Federal Rules of Civil Procedure. An amended pleading relates back if the claims asserted “arose out of the same conduct, transaction, or occurrence” as the original claims. United States v. Craycraft, 167 F.3d 451, 457 (8th Cir.1999). Here, the original claims challenged the conduct by the trial court in the state postconviction proceedings, whereas the amended complaint challenged the conduct of McKay’s counsel prior to his conviction and sentence. The district court did not abuse its discretion in ruling that McKay’s amended claims do not relate back to his original claims of state court error. See Shea v. Esenten, 208 F.3d 712, 720 (8th Cir.2000) (standard of review), cert. denied, 531 U.S. 871, 121 S.Ct. 172, 148 L.Ed.2d 118 (2000).

Accordingly, we affirm.

1

. The HONORABLE LAWRENCE O. DAVIS, United States Magistrate Judge for the East[*661] ern District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).