United States Ninth Circuit

In habeas proceedings arising after petitioner was convicted of second degree murder and unlawful use of a firearm, dismissal of the habeas petition as barred as successive under 28 U.S.C. section 2244(b)is vacated and remanded with instructions that the district court construe petitioner's pro se petition as a motion to amend the habeas petition that was still pending before the district court at the time this new petition was filed.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• D.W. NELSON, Senior Circuit Judge:, Before:  ALFRED T. GOODWIN, HARRY PREGERSON, and D.W. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, CA, for the petitioner.


• For Appellees:
  
• Heather Bushman, Office of the Attorney General, San Diego, CA, for the respondent.