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

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

Counsel

Efren Lopez Gamboa, Airway Heights, WA, pro se., Gregory J. Rosen, Esq., Office Of The Washington Attorney General, Criminal Justice Division, Olympia, WA, for Respondent-Appellee., Appeal from the United States District Court for the Western District of Washington, Thomas S. Zilly, District Judge, Presiding. D.C. No. CV-06-01143-TSZ.

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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