Woods v. Carey, 525 F.3d 886 (9th Cir. May 12, 2008) (prior decision dismissing habeas petition as barred as successive under 28 U.S.C. section 2244(b) is vacated and remanded with instructions that the district court construe petitioner'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).