Terry L. Huston v. James Gomez, Director Attorney General of the State of California

39 F.3d 1187 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry L. HUSTON, Petitioner-Appellant, v. James GOMEZ, Director; Attorney General of the State of California, Respondents-Appellees. No. 94-55005. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 31, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Terry Huston 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 Huston'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 that he could have raised in…