Nevius

Thomas Nevius, a Nevada state prisoner under sentence of death, brings three matters before this court. First, he appeals the district court’s denial of his motion to file a petition for writ of habeas corpus. No. 96-99015. Second, he moves this court to recall its eight-year-old mandate in Nevius v. Sumner, 852 F.2d 468 (9th Cir.1988) (“Nevius I”), cert. denied, 490 U.S. 1059 , 109 S.Ct. 1972 , 104 L.Ed.2d 441 (1989). No. 86-2878. Third, he moves this court for authorization to file a second petition for writ of habeas corpus in the district court — an authorization now required by the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2244 (b)(3)(A). 1 No. 96-80322.

We affirm the district court’s denial of Nevius’ motion to file a petition for writ of habeas corpus and deny Nevius’ motion to recall our mandate. 2 By separate order, however, we have granted Nevius leave to file a second petition for writ of habeas corpus.

I.

BACKGROUND

In 1982, Thomas Nevius, a black man, was convicted of first-degree murder and sentenced to death by an all-white jury. For a statement of the facts surrounding the murder, see Nevius v. State, 101 Nev. 238 , 699 P.2d…