What is the test for dismissing a motion by a federal district court on the basis of a prior adjudication?
MultiRegion, United States of America
The following excerpt is from Chua Han Mow v. U.S., 730 F.2d 1308 (9th Cir. 1984):
Sanders v. United States, 373 U.S. 1, 15, 83 S.Ct. 1068, 1077, 10 L.Ed.2d 148 (1963). This court requires that "[i]f the district court dismisses a petition on the basis of a prior adjudication, it must make a specific finding that the ends of justice would not be served by reaching the merits." Tannehill v. Fitzharris, 451 F.2d 1322, 1324 (9th Cir.1971) (emphasis added). There is no indication that the district court in this case made this specific finding.
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