Is a second or successive habeas petition filed in a federal district or federal court a "second or successive" application?
MultiRegion, United States of America
The following excerpt is from Bolin v. Davis, Case No. 1:17-cv-00985-LJO-SAB (E.D. Cal. 2017):
district court either considered and rejected a claim, or determined that an underlying claim would not be considered by a federal court); cf. Slack v. McDaniel, 529 U.S. 473, 485-87 (2000) (habeas petition filed after a prior habeas petition was dismissed without adjudication on the merits for failure to exhaust state remedies is not a "second or successive petition").
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