Howard Dennis White v. United States

990 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Howard Dennis WHITE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-55725. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 16, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Howard Dennis White appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 habeas petition. White contends that the district court erred by dismissing his petition as successive. We have jurisdiction under 28 U.S.C. § 2243 , and we affirm. 3 We review for an abuse of discretion the district court's dismissal of a habeas petition as successive. Campbell v. Blodgett, 982 F.2d 1321, 1324 (9th Cir.1992). "A district court abuses its discretion when it bases its decision on an erroneous legal conclusion or on a clearly erroneous finding of fact." Id. 4 A district court may dismiss a habeas petition as successive if it…