Deleon

Deleon v. Phillips

Good Law
United States District Court, Northern District of CaliforniaJuly 28, 20234:23-cv-01862California314 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ALEJANDRO A. DELEON, Case No. 23-cv-02965-HSG Petitioner, ORDER ADMINISTRATIVELY

CLOSING CASE; DIRECTIONS TO

v. CLERK BRYAN D PHILLIPS, Respondent. 1] Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. E |} Dkt. No. 1. The petition appears to be a duplicate of the habeas petition filed Deleon v. Phillips, ||} No. C 23-01862 HSG (PR) (“Deleon I’), which is still pending. See Deleon I, Dkt. No. 1. The || Court sent Petitioner a letter dated July 12, 2023, regarding this action and Deleon J, asking || Petitioner to confirm his intent in filing the petition that commenced this action. Dkt. No. 4. i || When a pro se petitioner files a new petition while an earlier-filed petition is still pending, the Z || district court must construe the new petition as a motion to amend the pending petition rather than || as an unauthorized second…

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