Arnold Dean Adkins v. John Ratelle

Good Law
990 F.2d 1255·1993 WL 74336·1993 U.S. App. LEXIS 14003
United States Court of Appeals for the Ninth CircuitMarch 15, 199392-55654California1,508 words

Opinion

Opinion

990 F.2d 1255 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arnold Dean ADKINS, Petitioner-Appellant, v. John RATELLE, Respondent-Appellee. No. 92-55654. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 15, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Arnold Dean Adkins, a California state prisoner, appeals pro se the district court's summary dismissal of his 28 U.S.C. § 2254 habeas petition. He contends that the district court erred by finding that his petition raised successive issues. We review de novo the district court's decisions on habeas petitions. Howard v. Lewis, 905 F.2d 1318, 1321 (9th Cir.1990). A district court's decision to deny consideration of the merits of a petition on the ground that it is abusive or successive is reviewed for an abuse of discretion. Sanders v. United States, 373 U.S. 1, 18-19 (1963). We have jurisdiction under 28 U.S.C. §§ 1291 and…

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