Sarmiento

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE E. SARMIENTO, Case No.: 3:21-cv-01644-CAB-NLS

Petitioner,

ORDER DIRECTING CLERK TO

v. FILE PETITION IN THIS CASE AS

A MOTION TO AMEND PETITION

CHRISTIAN PFEIFFER, et al., IN CASE No. 3:20-cv-00930-WQH- Respondents. AGS 16 On May 18, 2020, Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court which was given case no. 3:20-cv-00930-WQH-AGS. (See Sarmiento v. Pfeiffer, et al., 3:20-cv-00930-WQH-AGS (S.D. Cal. May 18, 2020) [ECF No. 1].) In case no. 3:20-cv-00930-WQH-AGS, Sarmiento seeks to challenge his conviction in San Diego Superior Court case no SCN346521. (Id.) The case was dismissed without prejudice on May 28, 2020 because Sarmiento had failed to satisfy the filing fee requirement and had failed to alleges exhaustion of his state judicial remedies. (See ECF No. 2 in case no. 3:20-cv-00930-WQH-AGS.) He was given…