Weidner v. Oregon State Correctional Institution
Weidner v. Oregon State Correctional Institution
Opinion of the Court
MEMORANDUM
Corey Dean Weidner, an Oregon state prisoner, appeals the district court’s order dismissing his 28 U.S.C. § 2254 habeas petition after finding that Weidner had procedurally defaulted on his claim and that the petition was second or successive without authorization from this Court. We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate the district court’s January 29, 1999 Order and remand with instructions to dismiss Weidner’s § 2254 petition for lack of jurisdiction.
In October 1994, Weidner filed a habeas petition challenging the Oregon Board of Parole’s (“Board”) February 24, 1993 decision. The district court dismissed this petition in May 1996. On October 20, 1997, Weidner filed the habeas
To the extent that Weidner’s notice of appeal can be construed as a request for authorization to file a second or successive section 2254 motion in the district court, the request is denied. Weidner has not made a prima facie showing necessary to satisfy the requirements of 28 U.S.C. § 2244(b)(2). See also Babbitt v. Woodford, 177 F.3d 744 (9th Cir. 1999), petition for cert. filed, May 4,1999.
VACATED and REMANDED with directions to dismiss.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.