1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE LEE POSLOF, JR., No. 1:25-cv-00505-SKO (HC) No. 1:21-cv-00339-JLT-HBK (HC) 12 Petitioner, 13 v. ORDER CONSTRUING PETITION AS MOTION TO AMEND, DIRECTING CLERK 14 ARCE, OF COURT TO FILE PETITION (Doc. 1) AS MOTION TO AMEND IN CASE NO. 1:21- 15 Respondent. CV-00339-JLT-HBK-HC, AND DIRECTING CLERK OF COURT TO CLOSE CASE 16

17 18 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant 19 to

. 20 Petitioner submitted the instant petition on April 30, 2025. (Doc. 1.) Petitioner raises 21 multiple claims challenging his 2017 conviction in Merced County Superior Court for oral 22 copulation with a minor and lewd act on a child. A review of court records reveals that Petitioner 23 is currently proceeding with a habeas petition challenging the same conviction in Poslof v. 24 Attchley, Case No. 1:21-cv-00339-JLT-HBK-HC. Where a subsequent petition is filed while an 25 earlier petition challenging the same conviction is still pending, the later petition must be 26 construed as a motion to amend the pending petition. Woods v. Carey,

(9th 27 Cir. 2008). Thus, the instant petition must be construed as a motion to amend in Case No. 1:21- 28 cv-00339-JLT-HBK-HC. 1 ORDER 2 Accordingly, IT IS HEREBY ORDERED: 3 1) The petition filed in this case (Doc. 1) is CONSTRUED as a motion to amend; 4 2) The Clerk of Court is directed to file the petition (Doc. 1) as a motion to amend in 5 Case No. 1:21-cv-00339-JLT-HBK-HC; and 6 3) The Clerk of Court is directed to terminate this case. 7 IT IS SO ORDERED. 8

9 Dated: May 5, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28