Andre Price v. Charles Schuyler

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 11 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDRE LASHAUN PRICE, No. 23-55324

Petitioner-Appellant, D.C. No. 2:21-cv-09446-RGK-JPR v.

CARLOS ARCE, Acting Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted February 4, 2025 Pasadena, California

Before: WARDLAW, CALLAHAN, and HURWITZ, Circuit Judges.

Andre Lashaun Price appeals the district court’s dismissal of his habeas

petition as impermissibly “second or successive” under the Antiterrorism and

Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. § 2244(b). We

review de novo the dismissal of a habeas petition as “second or successive” under

AEDPA. Brown v. Atchley, 76 F.4th 862, 872 (9th Cir. 2023). We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. jurisdiction under 28 U.S.C. § 2253, and we…