Opinion
Case No.: 1:16-cv-00353-JLT
03-23-2016
JUSTIN MICHAEL THUEMLER, Petitioner, v. STANISLAUS COUNTY, Respondent.
ORDER CONSTRUING PETITION AS MOTION TO AMEND PETITION IN CASE NO. 1:16-cv-00175-MJS ORDER DIRECTING CLERK OF COURT TO RE-FILE INSTANT PETITION AS MOTION TO AMEND IN CASE NO. 1:16-cv-00175-MJS ORDER DIRECTING CLERK OF COURT TO CLOSE THIS CASE
Petitioner challenges a 2013 conviction in the Stanislaus County Superior Court and his resulting sentence of six years. However, the Court notes that Petitioner had filed a previous federal petition in this Court challenging the same conviction in case number 1:06-cv-00174-MJS. Thus, the Court construed the filing as a motion to amend the petition filed in the earlier case and orders this matter closed. I. DISCUSSION
In Woods v. Carey, 525 F.3d 886 (9th Cir. 2008), the Ninth Circuit held that, under certain circumstances, if a pro se petitioner files a habeas petition during the pendency of a previous petition, the district court should construe the second petition as a motion to amend the previous petition. Woods, 525 F.3d at 889-890. Hence, Woods appears to require a district court to construe a "second or successive" petition filed while an earlier petition is still pending in the district court as a motion to amend the earlier petition.
Because Petitioner has a pending federal habeas petition in case number 1:16-cv-00175-MJS, which challenges the same conviction as in this case, the Court must construe this petition as a motion to amend the earlier-filed petition. Woods, at 889-890. Thus, the Court ORDERS:
1. The Court construes the petition (Doc. 1), as a motion to amend the petition in case number 1:16-cv-00175-MJS;IT IS SO ORDERED.
2. The Clerk of Court is DIRECTED to docket the petition in this case as a motion to amend in case number 1:16-cv-00175-MJS;
3. The Clerk of Court is DIRECTED to close this case.
Dated: March 23 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE