Glenn Ray Lamb v. Joe Martinez, Dep. Warden Attorney General of the State of Arizona

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Glenn Ray LAMB, Plaintiff-Appellant, v. Joe MARTINEZ, Dep. Warden; Attorney General of the State of Arizona, Defendants-Appellees. No. 93-15605. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 28, 1993. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The district court dismissed Glenn Ray Lamb's 28 U.S.C. Sec. 2254 habeas petition as successive. He appeals. We affirm. 3 A state prisoner abuses the writ of habeas corpus when he asserts a claim that he could have made in a prior habeas petition. See McCleskey v. Zant, 499 U.S. 467 , 111 S.Ct. 1454, 1467-68 (1991) (successive petitions alleging claim that was made or could have been made in prior petition is abuse of writ). But if a significant change in state law occurs following an initial habeas appeal, review is not foreclosed. Id. at 1470 (unavailable legal basis for claim excuses prior omission). 4 Lamb…