Lazor

MEMORANDUM ***

California state prisoner P.F. Lazor appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). The district court dismissed Lazor’s petition because it found that it was his second petition and he had not received our authorization before filing it in the district court. See 28 U.S.C. § 2244 (b)(3). We review the dismissal de novo, any findings of fact for clear error, and the decision not to hold an evidentiary hearing for abuse of discretion. Karis v. Calderon, 283 F.3d 1117, 1126 (9th Cir.2002). We affirm.

Lazor contends that the instant petition is in fact his first federal petition because the petition he filed earlier was dismissed for failure to exhaust and a paralegal subsequently amended and refiled the petition without his knowledge. The district court, after reviewing Lazor’s affidavits and the record, found that Lazor was at least “complicit” in the further prosecution of his first petition, and we cannot say that this finding was clearly erroneous. In addition, the district court did not abuse its discretion when it made this decision without holding an evidentiary hearing.…