Thomas F. Klooz v. Jack McCormick Warden

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas F. KLOOZ, Petitioner-Appellant, v. Jack MCCORMICK, Warden, Respondent-Appellee. No. 92-36895. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 3, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Thomas F. Klooz, a Montana state prisoner, appeals pro se the district court's order dismissing his petition for writ of habeas corpus as a successive petition. Klooz argues that his conviction for deviate sexual conduct is not supported by the evidence. The district court found that Klooz's current petition raises a claim that was previously determined adversely to him, and that Klooz had failed to indicate a reason why the "ends of justice" dictate that his claim be considered again. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we affirm. 3 When a district court denies consideration of the merits of a petition on the ground that it is…