Garrett v. Lizarraga

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/15/2017 ORDERING Clerk of Court to file the 1 Petition in 2:14-cv-1973-JAM-DB, a copy of this order in 2:14-cv-1973-JAM-DB, and close this case. Petitioner to file all future pleadings with case number 2:14-cv-1973-JAM-DB. CASE CLOSED. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOLLIE GARRETT, III,

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No. 2:17-cv-930-EFB P

Petitioner,
v.

ORDER

LIZARRAGA,
Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He has filed what appears to be a duplicative petition. On August 15, 2014, he

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filed an initial petition for writ of habeas corpus in this court. See Garrett v. Grounds, No. 2:14-

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cv-1973-JAM-DB (E.D. Cal.), ECF No. 1. That petition challenges the judgment of conviction

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entered in the Sacramento County Superior Court, Case No. 09F01253. On December 2, 2014,

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respondent filed an answer and on December 12, 2016, petitioner filed a traverse and the matter

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now stands submitted.

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On May 2, 2017, petitioner filed the petition in this action, ECF No. 1, which also

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challenges the judgment of conviction entered in the Sacramento County Superior Court, Case

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No. 09F01253. “[W]here a new pro se petition is filed before the adjudication of a prior petition

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is complete, the new petition should be construed as a motion to amend the pending petition

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rather than as a successive application.” Woods v. Carey, 525 F.3d 886, 888-890 (9th Cir. 2008).

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In this case, the petition filed in the first action has not been adjudicated. Therefore, the
instant petition is construed as a motion to amend the previously-filed petition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall file the petition (ECF No. 1) in Case No. 2:14-cv-1973-

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JAM-DB as a motion to amend;
2. The Clerk shall file a copy of this order in Case No. 2:14-cv-1973-JAM-DB and close
this case; and
3. Petitioner is instructed that all future pleadings should be identified by the case
number: 2:14-cv-1973-JAM-DB.
DATED: May 15, 2017.

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