Tony Goodrum v. Timothy Busby

OPINION

WATFORD, Circuit Judge:

Tony Goodrum is a California state prisoner serving a 21-year sentence for voluntary manslaughter. The district court denied his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court held that Goodrum’s petition constituted a “second or successive” petition under 28 U.S.C. § 2244(b), and that he failed to meet that statute’s stringent standard for obtaining relief. Goodrum argues that he should not have been required to meet § 2244(b)’s stringent standard because his petition is not, in fact, “second or successive.” We agree with Goodrum.

I

Because…