Cooper

MEMORANDUM **

Reginald Cooper appeals the district court’s order dismissing his habeas corpus petition as “second or successive.” See 28 U.S.C. § 2244 (b). We have jurisdiction *568 pursuant to 28 U.S.C. § 2258 , and we affirm.

Cooper is currently incarcerated and serving a term of twenty-five years to life. On October 19, 1982, he pleaded guilty to charges of first degree murder, assault with a deadly weapon, and two counts of attempted robbery. He filed his first federal habeas corpus petition on September 4, 1997, which the district court dismissed with prejudice as untimely under the Anti-terrorism and Effective Death Penalty Act of 1996. Cooper filed his current petition on March 11, 2005, alleging (1) that his trial counsel was ineffective for failing to properly advise him of the consequences of pleading guilty and (2) that the imposition of his sentence violated his due process rights. The district court dismissed the petition as “second or successive” under 28 U.S.C. § 2244 (b)(1). Cooper obtained a certificate of appealability (COA) from this court on the issue of whether the district court erred in construing his petition as “second or successive” when his prior…