What is the effect of dismissing a federal habeas petition on the merits?
MultiRegion, United States of America
The following excerpt is from In re Bolin, Case No. 1:18-cv-00692-LJO-SAB (E.D. Cal. 2019):
Dismissal of the first federal habeas petition on the merits renders a further petition challenging the same conviction and sentence "second or successive" for purposes of 28 U.S.C. 2244(b). McNabb v. Yates, 576 F.3d 1028, 1029 (9th Cir. 2009).
Accordingly, the instant petition shall be denied without prejudice for lack of jurisdiction, as discussed below.2
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