Dunn v. Pollard

Opinion

1 2 3 4 5 6 7 10 11 RONNELL ROBIN DUNN, Case No.: 20-CV-0844 JLS (RBB)

12 Petitioner, ORDER DIRECTING CLERK TO 13 v. FILE PETITION IN THIS CASE AS A MOTION TO AMEND PETITION IN CASE NO. 19-CV-1554 LAB (MSB) 15 Respondent. 16 17 On August 16, 2019, Petitioner, a state prisoner proceeding pro se, filed a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court in Case No. 19 19-cv-1554 LAB (MSB) seeking to challenge his conviction in San Diego Superior Court 20 Case No. SCE374204. (See Dunn v. Diaz, 19-cv-1554 LAB (MSB) (S.D. Cal.)). On March 21 6, 2020, the Honorable Larry Burns issued an Order Setting Briefing Schedule in Case No. 22 19-cv-1554 LAB (MSB). (See ECF No. 9, Case No. 19-cv-1554 LAB (MSB).) 23 Respondent filed an Answer on April 21, 2020. (See ECF No. 10, Case No. 19-cv-1554 24 LAB (MSB).) Petitioner’s Traverse is due June 5, 2020. (See ECF No. 9, Case No. 19- 25 cv-1554 LAB (MSB).) 26 On May 4, 2020, Petitioner filed another petition for writ of habeas corpus pursuant 27 to 28 U.S.C. § 2254 in this Court seeking to challenge the same conviction as he does in 28 /// 1 No. 19-cv-1554 LAB (MSB). That petition was given Case No. 20-cv-0844 JLS 2 ||(RBB). (See Dunn v. Pollard, 20-cv-0844 JLS (RBB) (S.D. Cal.)). 3 In Woods v. Carey, 525 F.3d 886 (9th Cir. 2008), the Ninth Circuit stated that when 4 pro se petitioner has a 28 U.S.C. § 2254 petition pending in a district court and files a 5 ||new 28 U.S.C. § 2254 petition, “the district court should . . . construe [the new] pro se 6 || habeas petition as a motion to amend his pending habeas petition.” Jd. at 890. Accordingly, 7 Clerk of Court is DIRECTED to file the petition in this case (ECF No. 1) as a motion 8 ||to amend the petition in Case No. 19-cv-1554 LAB (MSB). 10 ||Dated: May 26, 2020 tt 11 pee Janis L. Sammartino 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28