Torres

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO TORRES, Case No. 20-cv-03159-PJH

Plaintiff,

ORDER REOPENING CASE

v.

SCOTT KERNAN, Defendant.

12 This is a habeas corpus case filed pro se by a former state prisoner pursuant to 28 U.S.C. § 2254. On February 25, 2022, the court denied the petition on the merits, closed the case and issued a judgment. Also, on February 25, 2022, respondent filed a motion to relate a different case filed by petitioner in 2021, Torres v. Kernan, 21-cv-2406 YGR, to the instant case. Torres v. Kernan, 21-cv-2406 YGR, involves claims from the same underlying conviction as the instant case. The Ninth Circuit has held that where a second petition is filed by a pro se petitioner before the adjudication of a prior petition is complete, 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). In a separate order, the court will relate these cases. For the foregoing reasons: 1. This…