Randy A. Myers v. James H. Gomez, Warden Attorney General of the State of California

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randy A. MYERS, Petitioner-Appellant, v. James H. GOMEZ, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-55826. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Randy A. Myers appeals pro se the district court's dismissal with prejudice of his 28 U.S.C. § 2254 habeas petition. Myers contends that the district court abused its discretion by dismissing his petition as an abuse of the writ pursuant to McCleskey v. Zant, 499 U.S. 467 (1991). We have jurisdiction under 28 U.S.C. § 2253 . We review for an abuse of discretion the district court's dismissal of Myers's petition, see Campbell v. Blodgett, 997 F.2d 512, 516 (9th Cir.1992), cert. denied, 114 S.Ct. 1337 (1994), and affirm. 1 3 Myers contends that because he filed his initial…