(HC) Johnson v. San Joaquin Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS D. JOHNSON, No. 2:23-cv-0157 AC P Petitioner, v. ORDER SAN JOAQUIN SUPERIOR COURT, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition relates to petitioner’s 2020 conviction in San Joaquin County Superior Court for second degree robbery with a ten-year gun enhancement in cases number STK-CR-2020-13511 and STK-CR-2020-13898. ECF No. 1 at 1. Court records reflect that petitioner is presently challenging the same conviction in an earlier filed action, which remains pending, Johnson v. St. Andre (Johnson I), 2:22-cv-1412 TLN AC (E.D. Cal.). When a new habeas petition is filed while a previous petition is still pending before the district court without a decision having been rendered, the new petition should be construed as a motion to amend the previously filed petition. Woods v. Carey,…