United States Ninth Circuit

The district court's dismissal of a pro se petition for habeas corpus is reversed, where: 1) the district court erred when it dismissed the petition sua sponte without first providing the petitioner notice and an opportunity to respond; and 2) the petition was not a "second or successive" habeas petition requiring leave to file from the district court, because it was his first petition challenging the amended judgment of conviction.

Appellate Information

• Decided 04/02/2012
• Published 04/02/2012

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Debra A. Bookout, Robert E. Wieland