Herbert Whitlock v. Salvador Godinez

MORAN, District Judge.

Petitioner Herbert Whitlock (Whitlock) appeals the denial of his petition for habeas corpus brought under 28 U.S.C. § 2254. The district court dismissed Whitlock’s petition as a successive writ, concluding that the same issues were raised in an earlier habeas petition. Whitlock argues that the successive writ doctrine does not apply if there has never been an evidentiary hearing to resolve disputed facts, and that even if it is applicable his petition should nevertheless be heard since he has made a colorable showing of factual innocence. We affirm.

I

A. Whitlock’s State…