UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
July 13, 2012
CHRISTINA L. ALEXANDER,
D. K. JOHNSON, WARDEN,
The opinion of the court was delivered by: Hon. Roger T. Benitez United States District Judge
ORDER: (1) DIRECTING CLERK OF COURT TO FILE COPY OF PETITION AS AN ORIGINAL MOTION TO AMEND IN (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT; AND (3) DISMISSING CASE WITHOUT
Petitioner, a state prisoner proceeding pro se, has submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. Petitioner currently has a federal habeas petition pending in Case No. 12cv1401-BEN (WMc) in which she challenges the same state court conviction as the Petition filed in this case. (See Pet. filed 6/8/12 in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc) [ECF No. 1] at 1.)
The Clerk of Court is DIRECTED to file a copy of the instant Petition as an original Motion to Amend the Petition in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc). See Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008) (holding that a new pro se petition challenging the same conviction as a pending petition, which is filed before the first petition is adjudicated, should be liberally construed as a motion to amend the pending petition rather than summarily dismissed as second or successive).
Petitioner's Motion to proceed in forma pauperis in this case is DENIED as moot, as she has already been granted leave to proceed in forma pauperis in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc).
This case is DISMISSED without leave to amend but without prejudice to Petitioner to proceed with her claims in SO.DIST.CA.CIVIL CASE NO. 12cv1401-BEN (WMc).
The Clerk shall close the file.
IT IS SO ORDERED.
Copies to: ALL PARTIES
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