Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GERELL L. WHATLEY, No. 2:17-CV-1595-CMK-P
Petitioner,
vs. ORDER
DEBBIE ASCUNCION,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion (Doc. 10) to construe the instant petition as a motion for leave to amend his pending petition in Whatley v. Ascuncion, E. Dist. Cal. No. 2:17-CV-1487-MCE-EFB. Respondent’s request is granted. See Woods v. Carey, 525 F.3d 886, 889-90 (9th Cir. 2008). The Clerk of the Court is directed to file the petition in this case as a motion for leave to amend in No. 2:17-CV-1487- MCE-EFB and to close the instant action.
IT IS SO ORDERED.
DATED: April 18, 2018
______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 1