The following excerpt is from Queen v. Matevousian, Case No. 1:16-cv-01441 MJS (HC) (E.D. Cal. 2017):
A district court need not consider claims that were previously raised or could have been raised in previous petitions unless declining to consider the claim "would result in a fundamental miscarriage of justice." The abuse of the writ doctrine forbids reconsideration of claims that were or could have been raised in a prior habeas petition, "unless a petitioner can show (1) cause for bringing a successive petition and that prejudice would result or (2) that a fundamental miscarriage of justice would result from failure to consider the claim." Alaimalo v. U.S., 645 F.3d 1042, 1049 (9th Cir. 2011) (quoting Calderon v. United States Dist. Ct., 163 F.3d 530, 538 (9th Cir. 1998)).
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