Opinion
2:23-cv-2060 KJN P
09-29-2023
RICHARD HOWARD WATKINS, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent.
ORDER
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2019 murder conviction. Petitioner is proceeding with another habeas corpus petition in this court challenging his 2019 murder conviction, case 2:22-cv-1158 WBS CKD P.
If a new petition is filed when a previous habeas petition is still pending before the district court without a decision having been rendered, then the new petition should be construed as a motion to amend the pending petition. Woods v. Carey, 525 F.3d 886, 887-90 (9th Cir. 2008).
Accordingly, IT IS HEREBY ORDERED that:
1. The petition filed in the instant action is construed as a proposed amended petition in case 2:22-cv-1158 WBS CKD P; and
2. The Clerk of the Court shall file the petition filed in the instant action in case 2:22-cv-1158 WBS CKD P as a proposed amended petition and close the instant action.