George Gage v. Kevin Chappell

OPINION

TASHIMA, Circuit Judge:

California prisoner George Gage applies for permission to file a second or successive habeas petition under 28 U.S.C. § 2254. Gage, who was convicted in California court of sexually assaulting his stepdaughter, seeks to bring a Brady 1 claim and an ineffective assistance of counsel claim, neither of which was included in his first federal habeas petition. He asserts actual innocence and argues that his petition thus falls into the miscarriage of justice exception articulated in Schlup v. Deb, 513 U.S. 298, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995), thereby excusing…