Gary Trudell v. Tana Wood, Superintendent

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary TRUDELL, Petitioner-Appellant, v. Tana WOOD, Superintendent, Respondent-Appellee. No. 94-35762. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 28, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gary Trudell, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. The district court dismissed Trudell's petition as an abuse of the writ. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review for an abuse of discretion, Campbell v. Blodgett, 997 F.2d 512, 516 (9th Cir.1992), cert. denied, 114 S.Ct. 1337 (1994), and affirm. 3 A petitioner may abuse the writ of habeas corpus if he raises a new claim in a subsequent habeas petition that he could have raised in his first habeas petition. Rule 9(b), 28 U.S.C. foll. Sec. 2254; McCleskey v. Zant, 499 U.S. 467, 489 (1991). The…