David Thomas Rhodes v. United States

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Thomas RHODES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-16798. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. MEMORANDUM ** David Thomas Rhodes appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 motion as successive and an abuse of the writ. We have jurisdiction under 28 U.S.C. Secs. 2253 and 2255. We review for an abuse of discretion, Howard v. Lewis, 905 F.2d 1318, 1321 (9th Cir.1990), and affirm. A district court may, without a hearing, dismiss as successive a section 2255 motion if " '(1) the same ground presented in the subsequent application was determined adversely to the applicant on the prior application, (2) the prior determination was on the merits, and (3) the ends of justice would not be served by reaching the merits of the…