What is the test for dismissing a habeas petition on the grounds of abuse of the writ?

We conclude that a district court may not properly dismiss a habeas petition on the ground of abuse of the writ without providing the petitioner with notice of the proposed dismissal and an opportunity to be heard in opposition. Since in the present case the district court afforded Lugo neither notice nor an opportunity to be heard, the dismissal for abuse of the writ was improper, and the judgment must be vacated. On remand, both parties should be given notice, and Lugo should be given an opportunity to avoid dismissal for abuse of the writ by meeting the standards set forth in McCleskey v. Zant, 499 U.S. 467, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991).