William A. Langley v. State of Idaho

2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William A. LANGLEY, Petitioner-Appellant, v. STATE OF IDAHO, Respondent-Appellee. No. 93-35190. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 2, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM * 2 William Langley, an Idaho state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court dismissed Langley's petition as an abuse of the writ. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and review de novo. Neuschafer v. Whitley, 860 F.2d 1470, 1474 (9th Cir.1988), cert. denied, 493 U.S. 906 (1989). We affirm. 3 A petitioner abuses 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 (1991). The government bears the burden of pleading abuse of the writ. Id. at…