(HC) Wren v. Avenal State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY CHARLES WREN, No. 2: 20-cv-0599 WBS KJN P Petitioner, v. ORDER WARDEN OF AVENAL STATE
PRISON,
15 Respondent.
17 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C.§ 2254. In the instant petition, petitioner challenges his 2008 Placer County drunk driving conviction. Petitioner is proceeding with another habeas corpus petition in this court challenging the same conviction, case 2:19-cv-251 WBS KJN P. “[W]hen a pro se petitioner files a new petition in the district court while an earlier-filed petition is still pending, the district court must construe the new petition as a motion to amend the pending petition rather than as an unauthorized second or successive petition.” Goodrum v. Busby, 824 F.3d 1188, 1192 (9th Cir. 2016) (final emphasis added) (citing Woods v. Carey, 525 F.3d 886, 887–90 (9th Cir. 2008)). //// 28 wOASe 2 OUEST AO ee OY Ove