What is the test for a motion to amend a pending habeas petition?
MultiRegion, United States of America
The following excerpt is from Gibbs v. Flynn, No. 2:16-cv-1670 JAM AC P (E.D. Cal. 2016):
It is well established that 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
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