Legal Opinion

Van Hoosen v. Kramer

Court of Appeals for the Ninth Circuit

Decided March 16, 2009No. 07-55307Published

1Opinion of the Court

MEMORANDUM*

Daniel Stanley Van Hoosen appeals the district court’s dismissal of his petition for habeas corpus relief. See 28 U.S.C. § 2254. We affirm.

The district court determined that the petition was second or successive because Van Hoosen was, for a second time, attempting to overturn his conviction and the first petition had been decided on the merits. We agree that the petition *591was a second or successive attack on his conviction. Therefore, Van Hoosen was required to obtain an order from this court before he filed that petition. See 28 U.S.C. § 2244(b)(3)(A); Felker v. Turpin, 518 U.S.…

2Cases cited9 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Burton v. StewartSupreme Court of the United States · 2007
  3. Felker v. TurpinSupreme Court of the United States · 1996
  4. Panetti v. QuartermanSupreme Court of the United States · 2007
  5. Kevin Cooper v. Arthur Calderon, Warden of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2001

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