(HC) Watkins v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaSeptember 29, 20232:23-cv-02060California257 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD HOWARD WATKINS, No. 2: 23-cv-2060 KJN P Petitioner, v. ORDER PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2019 murder conviction. Petitioner is proceeding with another habeas corpus petition in this court challenging his 2019 murder conviction, case 2:22-cv-1158 WBS CKD P. 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, 887-90 (9th Cir. 2008). Accordingly, IT IS HEREBY ORDERED that: 1. The petition filed in the instant action is construed as a proposed amended petition in case 2:22-cv-1158 WBS CKD P; and 28 ] 2. The Clerk of the…

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