[DOWNLOAD] "In re Turner" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

eBook details

Title: In re Turner
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 03, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 46 KB

Description

Order Petitioner has filed a motion for permission to file a successive habeas corpus petition in the district court pursuant to the Anti-Terrorism and Effective Death Penalty Act of 1996, codified in relevant part at 28 U.S.C. § 2244(b)(3). Petitioner's motion was lodged in this court on October 28, 1996 pursuant to the pre-filing review order entered in docket no. 93-80158. We hold that section 2244 does not apply to second or subsequent habeas petitions where the first petition was dismissed without prejudice for failure to exhaust state remedies, and we deny petitioner's motion as unnecessary. The petition which petitioner seeks to file in the district court raises the same claims raised in his prior petition, which was dismissed by the district court without prejudice for failure to exhaust state remedies.