Allison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MYCHAL REED, Case No. 1:23-cv-01485-KJM-SKO-HC

Petitioner, ORDER DENYING MOTION TO

CONSTRUE MOTION FOR RELIEF FROM

v. JUDGMENT AS A SEPARATE CASE

KATHLEEN ALLISON, [Doc. 21]

Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 29, 2024, this case was closed pursuant to Petitioner’s notice of voluntary dismissal. Petitioner contends that the Court incorrectly construed a motion he filed in this case entitled “Additional Exhibits - Motion for Relief of Judgment” as a motion to supplement his petition. (Doc. 14.) Petitioner contends that the motion should have commenced a new action. Petitioner is incorrect. A motion may not commence a new action. Because Petitioner referenced Case No. 1:23-cv-01485 and Petitioner had no other ongoing case, the motion was properly filed in this case. Petitioner also filed a motion for relief from…