Michael Leonetti v. Brian Williams

MEMORANDUM

Petitioner-Appellant Michael Leonetti (“Leonetti”) appeals the dismissal with prejudice of his pro se federal habeas petition under 28 U.S.C. § 2254 . The district court held that under 28 U.S.C. § 2244 (b), the petition Leonetti submitted in 2010 (the “2010 petition”) was a successive petition because Leonetti previously filed a petition challenging the same conviction in 2007 (the “2007 petition”). The district court had previously dismissed the 2007 petition under Rule 4 of the Rules Governing Section 2254 Cases (“Rule 4”) for failure to state a cognizable claim for habeas relief. We have jurisdiction under 28 U.S.C. § 2253 . We reverse and remand.

We review de novo the district court’s denial of a habeas petition, Woods v. Carey, 525 F.3d 886, 888 (9th Cir.2008), and also its determination that a habeas petition is “second or successive” for purposes of the Antiterrorism and Effective Death Penalty Act (“AEDPA”). Henderson v. Lampert, 396 F.3d 1049, 1052 (9th Cir.2005). A district court’s dismissal of a petition as containing successive claims is reviewed for abuse of discretion. Woods, 525 F.3d at 888 .

The AEDPA requires that a “second or successive” § 2254…