Donald Russell Hamilton v. B.J. Bunnell, Warden Attorney General of the State of California

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Russell HAMILTON, Petitioner-Appellant, v. B.J. BUNNELL, Warden; Attorney General of the State of California, Respondents-Appellees. No. 93-56574. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 29, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Donald Russell Hamilton appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court dismissed Hamilton's petition as an abuse of the writ. We have jurisdiction pursuant to 28 U.S.C. Secs. 1291 , 2253, and review for an abuse of discretion. Sanders v. United States, 373 U.S. 1, 18-19 (1963); Campbell v. Blodgett, 997 F.2d 512, 516 (9th Cir.1992), cert. denied, 114 S.Ct. 1337 (1994). We affirm. 3 A petitioner may abuse the writ by raising a claim in a second or subsequent petition for habeas corpus…