Michael Dean Vicks v. J.M. Ratelle, Warden

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Dean VICKS, Petitioner-Appellant, v. J.M. RATELLE, Warden, Respondent-Appellee. No. 93-55276. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1994. * Decided May 23, 1994. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Michael Dean Vicks appeals pro se from the district court's denial of his second petition for writ of habeas corpus, arguing that the district court erred by holding that the petition was successive as to certain claims and abusive as to others. A habeas petition is successive when it contains claims previously asserted in an earlier petition, and a state prisoner abuses the petition for writ of habeas corpus when he advances claims for the first time in a later petition that he could have made in a previous petition. McCleskey v. Zant, 499 U.S. 467, 487-88 (1991). Cf. 28 U.S.C. Sec. 2244 (b). 3 Vicks' second petition was successive with respect to…