(HC)Stephen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JIMMIE STEPHEN, No. 2:20-cv-2315-EFB P Petitioner, v. ORDER G. MATTESON, et al., Respondents. 15 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition includes two claims related to the December 5, 2019 proceedings before the Board of Parole Hearings, which denied petitioner parole. ECF No. 1. Court records reflect that petitioner is presently challenging the same proceedings in an earlier filed action, which remains pending, Stephen v. Matteson, 2:20-cv-1003-KJM-KJN (E.D. Cal.). 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). Accordingly, the petition filed in the instant action should be construed as…