(HC) Hickman v. People of the State of Calfornia

Good Law
United States District Court, Eastern District of CaliforniaMarch 27, 20202:20-cv-00626California363 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN DUANE HICKMAN, No. 2:20-cv-0626 KJN P Petitioner, v. ORDER PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which he challenges his state court conviction in People v. Hickman, Case No. 15F03015 (Sacramento County). Petitioner states that he previously filed a federal habeas petition that remains pending. (ECF No. 1 at 2.) If a new petition is filed when a previous habeas petition is still pending before the district court without a decision having been rendered, then the new petition should be construed as a motion to amend the pending petition. Woods v. Carey, 525 F.3d 886, 888 (9th Cir. 2008). Court records confirm that in this case, petitioner challenges the same state court conviction in Hickman v. People of the State of California, Case No. 18-2967 KJM CKD (E.D. Cal.), which is…

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