Leopold Cardenas v. Robert Wright

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leopold CARDENAS, Petitioner-Appellant, v. Robert WRIGHT, Respondent-Appellee. No. 95-35507. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 11, 1995. Before: SNEED, TROTT, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Leopold Cardenas, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition. He contends the district court erred when it dismissed his petition as successive. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we vacate and remand. 3 In 1989, Cardenas was convicted of burglary in the state of Washington and sentenced to 57 months' imprisonment. 4 In 1990, Cardenas was convicted of custodial assault in the same state and sentenced to 51 to 60 months' imprisonment consecutive to his sentence for burglary. 5 On May 5, 1994, the district court dismissed Cardenas's first petition, which challenged his…