Lawrence Dawson v. James Thomas

999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence DAWSON, Petitioner-Appellant, v. James THOMAS, et al., Respondent-Appellee. No. 92-16519. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 14, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Lawrence Dawson, an Arizona state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court determined that Dawson's petition was successive, and dismissed the petition as an abuse of the writ. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We vacate and remand for further proceedings. 3 A petition is successive and may be dismissed if it raises no grounds for relief that are new or different from the claims raised in earlier petitions, and the claims raised have previously been decided on the merits. Rule…