(HC)Ramirez v. The People of the State of California

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ISAIAH B. RAMIREZ, Case No. 1:22-cv-00604-HBK (HC) 12 Petitioner, ORDER CONSTRUING PETITION AS MOTION TO AMEND PETITION IN CASE 13 v. NO. 1:22-cv-00295-HBK PEOPLE OF THE STATE OF ORDER DIRECTING CLERK OF COURT TO CALIFORNIA, RE-FILE INSTANT PETITION AS MOTION 15 TO AMEND IN CASE NO. 1:22-cv-00295- Respondent. HBK ORDER DIRECTING CLERK OF COURT TO 17 CLOSE THIS CASE 19 Petitioner Isaiah B. Ramirez, a state prisoner proceeding pro se, filed this instant petition for writ of habeas corpus under 28 U.S.C. § 2254 on May 10, 2022. (Doc. No. 1). The Court takes judicial notice of its own files which reveal that Petitioner has a previously filed federal petition in this Court challenging the same conviction at case number 1:22-cv-00295-HBK. Thus, the Court construes the filing as a motion to amend the petition filed in Petitioner’s earlier case and orders this matter closed.

25 In Woods v. Carey, 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. 525 F.3d 886, 889-90 (9th Cir. 2008). 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.

3 Because Petitioner has a pending federal habeas petition in case number 1:22-cv-00295- | HBK, which challenges the same conviction as in this case, the Court must construe this Petition | as amotion to amend the earlier-filed petition. See id. at 889-90.

6 Accordingly, it is ORDERED: 7 1. The Court construes the Petition (Doc. No. 1) as a motion to amend the Petition in 8 case number 1:22-cv-00295-HBK.

9 2. The Clerk of Court is DIRECTED to docket the Petition in this case as a motion to 10 amend in case number 1:22-cv-00295-HBK.

11 3. The Clerk of Court is directed to close this case. 'S | Dated: _ July 20, 2022 law Nh. fareh Base □□□ 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE