WOODS v. CAREY

No. 05-55302.

525 F.3d 886 (2008)

Earnest Cassell WOODS, II, Petitioner, v. Tom L. CAREY, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2008.


Attorney(s) appearing for the Case

Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, CA, for the petitioner.

Heather Bushman, Office of the Attorney General, San Diego, CA, for the respondent.

Before: ALFRED T. GOODWIN, HARRY PREGERSON, and D.W. NELSON, Circuit Judges.


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...

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