IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 11, 2011
BARRY DEWAYNE WOODS, PETITIONER,
A. HEDGEPETH, ET AL., RESPONDENT.
Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed May 23, 2011, this action was dismissed without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit to proceed with a second or successive petition. On July 25, 2011, petitioner filed a document styled as a request for an evidentiary hearing and a request to amend the petition. Court records reflect that petitioner's application for leave to file a second or successive petition is pending before the United States Court of Appeals for the Ninth Circuit. See Woods v. Hedgpeth, No. 11-71086.*fn1 Petitioner's motion will therefore be denied without prejudice to its renewal, as appropriate, should his request for authorization to proceed with a second or successive petition be granted.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner's July 25, 2011 motion is denied without prejudice; and
2. The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit.