1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WENDELL COLEMAN, Case No. 21-cv-03298-HSG

8 Petitioner, ORDER ADMINISTRATIVELY CLOSING CASE; DIRECTIONS TO 9 v. CLERK

10 THE PEOPLE OF THE SATE OF CALIFORNIA, et al., 11 Respondent. 12 13 Petitioner, a state prisoner currently incarcerated at Galiban Conservation Camp, has filed 14 this pro se action seeking a writ of habeas corpus pursuant to

He has paid the 15 filing fee. Dkt. No. 17. Petitioner challenges a December 2019 conviction and related March 16 2020 sentence from Napa County Superior Court in Case No. CR 183654.2 Dkt. No. 1. Petitioner 17 has challenged this conviction and sentence in a prior petition, which is still pending. See 18 Coleman v. People State of California, C No. 21-cv-0049-HSG (“Coleman I”), Dkt. No. 1 (N.D. 19 Cal. Jan. 5, 2021).3 When a pro se petitioner files a new petition in the district court while an 20 earlier-filed petition is still pending, the district court must construe the new petition as a motion 21 to amend the pending petition rather than as an unauthorized second or successive petition. 22 Woods v. Carey,

, 887–90 (9th Cir. 2008). Accordingly, the Court closes this case as 23

24 1 This action was originally filed on or about May 3, 2021, but was dismissed on July 29, 2021 for failure to pay the filing fee because the payment check was addressed incorrectly and Petitioner 25 did not correct the deficiency. Dkt. Nos. 1, 8, 9. This action was reopened on September 1, 2021, and the filing fee was paid on September 10, 2021. Dkt. Nos. 16, 17. 26 2 Petitioner has filed multiple petitions regarding this conviction: Coleman I; Coleman v. Nguyen, et al., C No. 18-cv-3439 LHK; Coleman v. People of State of Calif., C No. 21-cv-0050 LHK; and 27 Coleman v. People of State of Calif., C No. 21-cv-1195 LHK. 1 filed in error as required by Woods. The Clerk of the Court is directed to construe the initial 2 petition (Dkt. No. 1) as a request for leave to file an amended petition; and file Dkt. No. 1 in 3 Coleman v. People State of California, Case No. 21-cv-0049-HSG. 4 IT IS SO ORDERED. 5 Dated: 2/23/2022 6 ______________________________________ HAYWOOD S. GILLIAM, JR. 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27