If a new petition is filed before the district court without a decision having been rendered, is it construed as a motion to amend the pending petition?
MultiRegion, United States of America
The following excerpt is from Stephen v. Matteson, No. 2:20-cv-1003 KJM KJN P (E.D. Cal. 2020):
If a new petition is filed when a previous habeas petition is still pending before the district court without a decision having been rendered, then the new petition should be construed as a motion to amend the pending petition. Woods v. Carey, 525 F.3d 886, 888 (9th Cir. 2008).
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