Opinion
Civil No. 12cv1402-BEN (WMc)
07-13-2012
CHRISTINA L. ALEXANDER, Petitioner, v. D. K. JOHNSON, Warden, Respondent.
ORDER:
(1) DIRECTING CLERK OF COURT
TO FILE COPY OF PETITION AS AN
ORIGINAL MOTION TO AMEND IN
Case No. 12cv1401-BEN (WMc)
(2) DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS AS
MOOT; AND
(3) DISMISSING CASE WITHOUT
PREJUDICE
Petitioner, a state prisoner proceeding pro se, has submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. Petitioner currently has a federal habeas petition pending in Case No. 12cv1401-BEN (WMc) in which she challenges the same state court conviction as the Petition filed in this case. (See Pet. filed 6/8/12 in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc) [ECF No. 1] at 1.)
The Clerk of Court is DIRECTED to file a copy of the instant Petition as an original Motion to Amend the Petition in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc). See Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008) (holding that a new pro se petition challenging the same conviction as a pending petition, which is filed before the first petition is adjudicated, should be liberally construed as a motion to amend the pending petition rather than summarily dismissed as second or successive).
Petitioner's Motion to proceed in forma pauperis in this case is DENIED as moot, as she has already been granted leave to proceed in forma pauperis in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc).
This case is DISMISSED without leave to amend but without prejudice to Petitioner to proceed with her claims in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc).
The Clerk shall close the file.
IT IS SO ORDERED.
______________
Hon. Roger T. Benitez
United States District Judge
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