Comier

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 3 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEE R. COMIER, Jr., No. 24-1926

Petitioner,

v. MEMORANDUM*

JOHN MATTOS,

Respondent.

Application to File Second or Successive Petition Under 28 U.S.C. § 2254

Argued and Submitted May 20, 2025 Pasadena, California

Before: GRABER, WARDLAW, and JOHNSTONE, Circuit Judges.

Lee R. Comier, Jr. requests leave to file a second or successive petition for

writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under

U.S.C. § 2244 and deny Comier’s application.

Under 28 U.S.C. § 2244(b)(2)(A), a petitioner may not bring second or

successive petition for a writ of habeas corpus unless “the applicant shows that the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. claim relies on a new rule of constitutional law, made retroactive to cases on

collateral review by the Supreme Court, that was previously unavailable.”

(Emphasis added).

Comier’s…