U.S. Court of Appeals for the Ninth Circuit, 2008

Gamboa v. Miller-Stout

Gamboa v. Miller-Stout
U.S. Court of Appeals for the Ninth Circuit · Decided May 27, 2008 · Gould, Pregerson, Tashima
279 F. App'x 569

Gamboa v. Miller-Stout

Opinion of the Court

MEMORANDUM **

Washington state prisoner Efren Lopez Gamboa appeals pro se from the district court’s order 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.

As an initial matter, we reject Lopez Gamboa’s contention that 28 U.S.C. § 2244(b) does not apply to petitions challenging state prison administrative decisions. See 28 U.S.C. § 2244(b). Furthermore, we conclude that the district court properly dismissed Lopez Gamboa’s federal habeas petition as second or successive without authorization. See id; Babbitt v. Woodford, 177 F.3d 744, 745-47 (9th Cir. 1999).

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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