(HC) Wren v. Avenal State Prison ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY CHARLES WREN, No. 2: 20-cv-0599 WBS KJN P 12 Petitioner, 13 v. ORDER 14 WARDEN OF AVENAL STATE PRISON, 15 Respondent. 16 17 18 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 19 corpus pursuant to 28 U.S.C.§ 2254. In the instant petition, petitioner challenges his 2008 Placer 20 County drunk driving conviction. Petitioner is proceeding with another habeas corpus petition in 21 this court challenging the same conviction, case 2:19-cv-251 WBS KJN P. 22 “[W]hen a pro se petitioner files a new petition in the district court while an earlier-filed 23 petition is still pending, the district court must construe the new petition as a motion to amend the 24 pending petition rather than as an unauthorized second or successive petition.” Goodrum v. 25 Busby, 824 F.3d 1188, 1192 (9th Cir. 2016) (final emphasis added) (citing Woods v. Carey, 525 26 F.3d 886, 887–90 (9th Cir. 2008)). 27 //// 28 wOASe 2 OUEST AO ee OY Ove 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to file the 2 || petition filed in the instant action (ECF No. 1) as an amended petition in case 19-cv-251; the 3 | Clerk of the Court shall then close the instant action. 4 | Dated: April 28, 2020 Fens Arn 6 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 7 8 9 Wre599.ord 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28