George Lee Hughes, Jr. v. Theo White, Warden at Folsom Prison

Good Law
9 F.3d 1551·1993 WL 432573·1993 U.S. App. LEXIS 36171
United States Court of Appeals for the Ninth CircuitOctober 26, 199393-15737California640 words

Opinion

Opinion

9 F.3d 1551 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George Lee HUGHES, Jr., Petitioner-Appellant, v. Theo WHITE, Warden at Folsom Prison, Respondent-Appellee. No. 93-15737. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 26, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 George Lee Hughes, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief. The district court dismissed Hughes' petition as successive. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and review for an abuse of discretion. Neuschafer v. Whitley, 860 F.2d 1470, 1474 (9th Cir.1988); cert. denied, 493 U.S. 906 (1989). We affirm. 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 an earlier petition, and the claims have been previously been decided on the…

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