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Larkin v. Davey

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:14-cv-2508-EFB P (E.D. Cal. Mar. 10, 2015)

Opinion


SHONDEL LARKIN, Petitioner, v. D. DAVEY, Respondent. No. 2:14-cv-2508-EFB P United States District Court, E.D. California. March 10, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 24, 2014, he filed a petition for writ of habeas corpus in this court. See Larkin v. Davey, No. 2:14-cv-2497-TLN-GGH (E.D. Cal.), ECF No. 1. The petition challenges a disciplinary conviction arising out of a May 2, 2013 rules violation report. On January 20, 2015, respondent filed an answer and on February 20, 2015, petitioner filed a traverse. That matter now stands submitted for decision by the court.

         On October 27, 2014, petitioner commenced this action by filing a new petition for writ of habeas corpus. ECF No. 1. The petition also challenges the disciplinary conviction arising out of the May 2, 2013 rules violation report. "[W]here a new pro se petition is filed before the adjudication of a prior petition is complete, the new petition should be construed as a motion to amend the pending petition rather than as a successive application." Woods v. Carey, 525 F.3d 886, 888-890 (9th Cir. 2008).

         In this case, the petition filed in the first action has not been adjudicated. Therefore, the court will construe the instant petition as a motion to amend the previously-filed petition.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The Clerk of the Court shall file the petition (ECF No. 1) in Case No. 2:14-cv-2497-TLN-GGH as a motion to amend;

         2. The Clerk shall file a copy of this order in Case No. 2:14-cv-2497-TLN-GGH and close this case; and

         3. Petitioner is instructed that all future pleadings should be identified by the case number: 2:14-cv-2497-TLN-GGH.


Summaries of

Larkin v. Davey

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:14-cv-2508-EFB P (E.D. Cal. Mar. 10, 2015)
Case details for

Larkin v. Davey

Case Details

Full title:SHONDEL LARKIN, Petitioner, v. D. DAVEY, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 10, 2015

Citations

2:14-cv-2508-EFB P (E.D. Cal. Mar. 10, 2015)