William Witter v. William Reubart

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM WITTER, No. 22-99003

Petitioner-Appellant, D.C. No. 3:20-cv-00345-APG-CSD v.

WILLIAM REUBART, Warden; AARON MEMORANDUM* FORD, Attorney General for the State of Nevada,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Andrew P. Gordon, District Judge, Presiding

Argued and Submitted January 25, 2024 Pasadena, California

Before: KOH, SUNG, and DESAI, Circuit Judges.

William Witter appeals the district court’s dismissal of his habeas petition as

an unauthorized “second or successive” petition under 28 U.S.C. § 2244(b). We have

jurisdiction under 28 U.S.C. § 2253 and review de novo whether a habeas petition is

“second or successive.” Wentzell v. Neven, 674 F.3d 1124, 1126 (9th Cir. 2012). We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. reverse and remand.

Not all petitions that are second-in-time…