Levesque v. Carey

171 F. App'x 588

Opinion

MEMORANDUM **

Joseph Lawrence Levesque appeals from the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as second or successive. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Levesque mistakenly contends that the district court erred by finding that the dismissal of his prior federal habeas petition as time-barred rendered his instant petition successive. See Henderson v. Lampert, 396 F.3d 1049, 1053 (9th Cir. 2005) (holding that a prior petition dismissed based on state procedural default is a determination on the merits rendering a subsequent petition successive).

AFFIRMED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.