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No. 8675092
United States Court of Appeals for the Ninth Circuit
Gamboa v. Miller-Stout
No. 8675092 · Decided May 27, 2008
No. 8675092·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 27, 2008
Citation
No. 8675092
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Washington state prisoner Efren Lopez Gamboa appeals pro se from the district court’s order dismissing his 28 U.S.C. § 2254 petition as second or successive. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. As an initial matter, we reject Lopez Gamboa’s contention that 28 U.S.C. § 2244 (b) does not apply to petitions challenging state prison administrative decisions. See 28 U.S.C. § 2244 (b). Furthermore, we conclude that the district court properly dismissed Lopez Gamboa’s federal habeas petition as second or successive without authorization. See id; Babbitt v. Woodford, 177 F.3d 744, 745-47 (9th Cir.1999). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Washington state prisoner Efren Lopez Gamboa appeals pro se from the district court’s order dismissing his 28 U.S.C.
Key Points
01MEMORANDUM ** Washington state prisoner Efren Lopez Gamboa appeals pro se from the district court’s order dismissing his 28 U.S.C.
02As an initial matter, we reject Lopez Gamboa’s contention that 28 U.S.C.
03§ 2244 (b) does not apply to petitions challenging state prison administrative decisions.
04Furthermore, we conclude that the district court properly dismissed Lopez Gamboa’s federal habeas petition as second or successive without authorization.
Frequently Asked Questions
MEMORANDUM ** Washington state prisoner Efren Lopez Gamboa appeals pro se from the district court’s order dismissing his 28 U.S.C.
FlawCheck shows no negative treatment for Gamboa v. Miller-Stout in the current circuit citation data.
This case was decided on May 27, 2008.
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