HAYNES, Circuit Judge:
Reinaldo Taylor appeals the district court's order dismissing his claims as barred by the applicable statutes of limitations. The parties have narrowed the issue on appeal to the question of whether a claim barred by limitations when filed in state court can be revived by Federal Rule of Civil Procedure 15(c) once the case is removed. Under the facts here, we answer the question "no" and AFFIRM.
Taylor was employed by Bailey Tool & Manufacturing Company ("Bailey") for approximately a year until his layoff on December 7, 2007. Taylor filed charges of discrimination with both the Equal Employment Opportunity Commission ("EEOC") and the Texas Workforce Commission ("TWC") on December 26, 2007. The EEOC sent Taylor his right to sue letter on January 10, 2011. On March 4, 2011, Taylor sued Bailey in Texas state court, alleging racial discrimination and retaliation in violation of Chapter 21 of the Texas Labor Code. On December 18, 2012, Taylor filed an amended petition in state court, adding claims for racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e et seq., as well as 42 U.S.C. § 1981.
Bailey then removed the case to federal court based on the newly asserted federal-law claims. It then filed a motion to dismiss, contending that Taylor's claims were barred by the applicable statutes of limitations. In response, Taylor conceded that his state-law claims were time-barred; however, he argued that his federal-law claims, although filed after the statutory period, were not time-barred because they related back to the date of his original petition in state court pursuant to Federal Rule of Civil Procedure 15(c)(1).
The district court granted Bailey's motion to dismiss, concluding that the Texas relation-back rules applied to Taylor's amended petition filed in state court and that removal of the claim to federal court did not "resuscitate" the barred claims.
We review de novo a district court's grant of a motion to dismiss. See Equal Access for El Paso, Inc. v. Hawkins, 562 F.3d 724, 726 (5th Cir.2009). A motion to dismiss may be granted on a statute of limitations defense where it is evident from the pleadings that the action is time-barred, and the pleadings fail to raise some basis for tolling. Jones v. Alcoa, Inc., 339 F.3d 359, 366 (5th Cir.2003).
The parties agree that the timeliness of Taylor's federal claims turns on whether the Texas relation back statute or Federal Rule 15 applies in this circumstance.
Therefore, the sole issue is which provision governs: the state relation back statute or "federal" Rule 15? While this is an issue of first impression for this court, the two circuit courts to consider the precise issue have applied analogous state rules, not Federal Rule of Civil Procedure 15. See Pac. Emp'rs Ins. v. Sav-A-Lot, 291 F.3d 392, 400-01 (6th Cir.2002); Anderson v. Allstate Ins., 630 F.2d 677, 682 (9th Cir.1980). We reach the same conclusion.
The Federal Rules of Civil Procedure provide that they "apply to a civil action after it is removed from a state court." FED.R.CIV.P. 81(c)(1) (emphasis added); see also FED.R.CIV.P. 1 ("These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81." (emphasis added)). They do not provide for retroactive application to the procedural aspects of a case that occurred in state court prior to removal to federal court. See Pac. Emp'rs Ins., 291 F.3d at 400-01 ("As long as the matter remained in the Kentucky court, it was the Kentucky Rules that applied. The Federal Rules applied only after removal." (citations omitted)); Tompkins v. Cyr, 202 F.3d 770, 787 (5th Cir.2000) ("The federal rules do not apply
We, therefore, hold that the Texas statute applies here to determine whether Taylor's amended petition filed in state court relates back to the date of his original petition. Because the claims set forth in his original petition were barred when filed, the amended petition did not relate back under the Texas statute. See TEX. CIV. PRAC. & REM.CODE ANN. § 16.068. The district court did not err in concluding that the claims asserted therein are barred by the applicable statutes of limitations. Id.
AFFIRMED.
14 JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE § 81.04[2] (3d ed.2013) (emphasis added) (citations omitted).