Pfeiffer
(HC) Phea v. Pfeiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALANJE PHEA, No. 2:20-cv-00283 GGH P Petitioner, v. ORDER THE PEOPLE OF THE STATE
OFCALIFORNIA,
15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c). Motion to Amend Habeas Petition On February 27, 2020, the Ninth Circuit Court of Appeals denied petitioner’s request for authorization to file a second or successive habeas petition as unnecessary based on petitioner’s currently pending habeas petition filed before this court. ECF No. 9. The Ninth Circuit cited Goodrum v. Busby, 824 F.3d 1188, 1194-95 (9th Cir. 2016), in support that petitioner’s “application for authorization to file a second or successive habeas petition should be construed as a motion to amend a pending first habeas petition.” ECF No. 9 at 1.…