Kenneth E. Baptiste v. James Rowland, Director

995 F.2d 230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth E. BAPTISTE, Petitioner-Appellant, v. James ROWLAND, Director, Respondent-Appellee. No. 93-55446. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 26, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth E. Baptiste, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court dismissed Baptiste's petition as an abuse of the writ. We have jurisdiction pursuant to 18 U.S.C. § 1291 , and review for abuse of discretion. Neuschafer v. Whitley, 860 F.2d 1470, 1474 (9th Cir.1988), cert. denied sub nom. Demosthenes v. Neuschafer, 493 U.S. 906 (1989). We affirm. 3 A petitioner may abuse the writ by raising a claim in a second or subsequent petition for habeas corpus that he could have raised in his first petition. McCleskey v. Zant, 111 S.Ct. 1454, 1468…