(HC)Tran

(HC)Tran v. Baughman

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20202:17-cv-01925California1,890 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY VAN TRAN, No. 2:17-cv-1925 JAM KJN P Petitioner, v. ORDER DAVID BAUGHMAN, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus challenging his 2011 conviction. On February 11, 2020, the undersigned recommended that the original petition be denied. On March 23, 2020, petitioner filed three separate documents: (1) motion to amend the petition; (2) motion for stay and abeyance; and (3) objections to the findings and recommendations. As set forth below, petitioner’s motions are denied without prejudice. It is established that 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). The Woods holding is not extended to a situation…

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