Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SYDNEY DEEGAN, No. 2:19-cv-01356 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

M. SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his current petition, petitioner challenges his 2015 conviction in the Placer County Superior Court. However, a review of the court’s records indicates that petitioner has an active habeas petition currently pending in case Deegan v. High Desert State Prison, 2:17-cv-00604- MCE-AC. The Ninth Circuit has directed the district court to construe a “pro se habeas petition as a motion to amend his pending habeas petition” where a new pro se habeas petition has been filed before the complete adjudication of a prior petition rather than as a successive petition. Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008). “The district court then has the discretion to 26 …