Steven D. Hamilton v. O.L. McCotter Director, Texas Department of Corrections

GARWOOD, Circuit Judge:

This appeal is from a dismissal for abuse of the writ of a Texas prisoner’s successive petition for habeas relief under 28 U.S.C. § 2254. The district court determined that all appellant’s asserted grounds for relief in this his third federal petition had either been raised and disposed of in a previous section 2254 proceeding, or that they should have been previously raised, and consequently had been bypassed without legal excuse by the prior failure to assert them. The petition was dismissed pursuant to Rule 9(b) of the Rules Governing § 2254 cases, 28 U.S.C. foil. §…