Freeman Stanton v. Sam Law

MEMORANDUM

Montana state prisoner Freeman William Stanton appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The district court properly dismissed Stanton’s petition as successive. We take judicial notice of: (1) the 1987 district court order adjudicating the merits of a habeas petition Stanton filed in 1986; and (2) this court’s memorandum disposition affirming the district court’s judgment dismissing the 1986 petition. See United States ex rel. Robinson Raneheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir.1992) (stating that appellate courts generally “will not consider facts outside the record developed before the district court[, but] may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”) (internal quotation marks and citations omitted). Because the instant petition challenges the same conviction which was the subject of Stanton’s 1986 petition, and because Stanton did not obtain an order from this court pursuant to 28 U.S.C. § 2244 (b)(3)(A)…