Deleon v. Phillips

Opinion

1 2 5 6 ALEJANDRO A. DELEON, Case No. 23-cv-02965-HSG 7 Petitioner, ORDER ADMINISTRATIVELY CLOSING CASE; DIRECTIONS TO 8 v. CLERK 10 Respondent. 1] 12 Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. E 13 |} Dkt. No. 1. The petition appears to be a duplicate of the habeas petition filed Deleon v. Phillips, 14 } No. C 23-01862 HSG (PR) (“Deleon I’), which is still pending. See Deleon I, Dkt. No. 1. The 3 15 || Court sent Petitioner a letter dated July 12, 2023, regarding this action and Deleon J, asking 16 Petitioner to confirm his intent in filing the petition that commenced this action. Dkt. No. 4. i 17 || When a pro se petitioner files a new petition while an earlier-filed petition is still pending, the Z 18 || district court must construe the new petition as a motion to amend the pending petition rather than 19 as an unauthorized second or successive petition. Woods v. Carey, 525 F.3d 886, 887-90 (9th Cir. 20 } 2008). Accordingly, the Court orders Petitioner to disregard the July 12, 2023 letter and orders the 21 Clerk to administratively close this case. Because this case was opened in error, the Clerk of the 22 Court shall not charge a filing fee. The Clerk of the Court is directed to construe the initial 23 petition in this action (Dkt. No. 1) as a request for leave to file an amended petition and file both 24 Dkt. No. 1 and a copy of this order in Deleon v. Phillips, No. C 23-01862 HSG (PR). 26 Dated: July 28, 2023 n Asipured 5 Mbt). HAYWOOD S. GILLIAM, JR. 28 United States District Judge