United States Ninth Circuit

Denial of plaintiff's habeas petition is affirmed where it is barred by 28 U.S.C. section 2244(b)(1) since it raises the same claims that were dismissed in an earlier petition on grounds of state procedural default.

Appellate Information

• Decided 01/28/2005
• Published 01/28/2005

Judges

• WALLACE, Senior Circuit Judge., Before:  WALLACE, GOULD, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barbara L. Creel, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Hardy Myers, Attorney General for Oregon, Mary H. Williams, Solicitor General for Oregon, and Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent-appellee.