(HC) Watkins v. People of the State of California ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD HOWARD WATKINS, No. 2: 23-cv-2060 KJN P 12 Petitioner, 13 v. ORDER 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2019 murder conviction. Petitioner is 20 proceeding with another habeas corpus petition in this court challenging his 2019 murder 21 conviction, case 2:22-cv-1158 WBS CKD P. 22 If a new petition is filed when a previous habeas petition is still pending before the district 23 court without a decision having been rendered, then the new petition should be construed as a 24 motion to amend the pending petition. Woods v. Carey, 525 F.3d 886, 887-90 (9th Cir. 2008). 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The petition filed in the instant action is construed as a proposed amended petition in 27 case 2:22-cv-1158 WBS CKD P; and 28 ] 2. The Clerk of the Court shall file the petition filed in the instant action in case 2:22-cv- 2 1158 WBS CKD P as a proposed amended petition and close the instant action. 3 || Dated: September 29, 2023 ' Foci) Aharon 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 6 7 Wat2060.ord 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28