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United States Ninth Circuit


Clayton v. Biter, 15-71566

Denying an application for authorization to file a second or successive habeas petition and transferring the case to district court with instructions to treat the habeas petition as a first petition because a petition seeking resentencing rather than challenging the underlying conviction, meaning that the second or successive petition bar is not triggered.

Appellate Information

  • Published 2017/08/21

Judges

  • PAEZ

Court

  • United States Ninth Circuit

Counsel

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