Curtis Clayton v. Martin Biter

OPINION

PAEZ, Circuit Judge:

After the district court dismissed Petitioner Curtis Clayton’s petition for a writ of habeas corpus as second or successive, he applied to this court, for permission to file a second or successive petition. 28 U.S.C. § 2244(b). Clayton’s habeas petition challenges the state court’s denial of his petition for resentencing under section 1170.126 of the California Penal Code. He argues that the state court’s adverse ruling deprived him of- a federally protected liberty interest without affording him procedural due process protections.

We review Clayton’s application…