Woods v. Carey
Court of Appeals for the Ninth Circuit
1Opinion of the Court
D.W. NELSON, Senior Circuit Judge:
Earnest Cassell Woods, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed the petition, concluding it was barred as successive under 28 U.S.C. § 2244(b). We vacate and remand, with instructions that the district court construe Woods’s pro se petition as a motion to amend the habeas petition that was still pending before the district court at the time this new petition was filed.
FACTUAL AND PROCEDURAL BACKGROUND
In 1987, Woods was convicted by a jury in the San Diego…
2Cases cited15 opinions
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