David Charles Sly v. Ron Angelone

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Charles SLY, Petitioner-Appellant, v. Ron ANGELONE, Respondent-Appellee. No. 94-16955. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 David Charles Sly, a Nevada state prisoner, appeals pro se the district court's dismissal of his second petition for relief under 28 U.S.C. Sec. 2254 . We have jurisdiction under 28 U.S.C. Sec. 2253 , and we vacate and remand. 3 We review for abuse of discretion a district court's refusal to consider the merits of a habeas petition on the ground that the petition is successive or abusive. Campbell v. Blodgett, 997 F.2d 512, 516 , (9th Cir.1992) cert. denied, 114 S.Ct. 1337 (1994). 4 Sly is serving a life sentence for murdering a sixteen-month old girl in 1987. The district court dismissed Sly's first petition for habeas relief in 1991 because he had…