U.S. Court of Appeals for the Ninth Circuit, 2007

Oluwa v. Lockyer

Oluwa v. Lockyer
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2007 · Berzon, Leavy, Thomas
235 F. App'x 437

Oluwa v. Lockyer

Opinion of the Court

MEMORANDUM **

California prisoner Ras Adisa Gamba Oluwa appeals pro se from the district court judgment dismissing his 28 U.S.C. § 2254 petition as second or successive. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

We reject the government’s contention that we lack jurisdiction absent a certificate of appealability. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005) (per curiam).

Oluwa contends that 28 U.S.C. § 2244(b) does not apply to petitions challenging state prison administrative decisions. We reject this contention. See 28 U.S.C. § 2244(b); cf. White v. Lambert, 370 F.3d 1002, 1011 (9th Cir. 2004) (contrasting the text of § 2244(b) with the text of 28 U.S.C. § 2253(c)(1)(A) in determining that the latter does not apply to challenges to prison administrative decisions).

We also conclude that the district court properly dismissed Oluwa’s petition as second or successive without authorization. *438See 28 U.S.C. § 2244(b)(1), (2); Babbitt v. Woodford, 177 F.3d 744, 745-47 (9th Cir. 1999) (per curiam).

All pending motions are denied.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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