Can a new petition be brought before the 9th Circuit of the Federal District Court against the US Department of Justice for failing to consider the merits of a previous petition?
MultiRegion, United States of America
The following excerpt is from Tatum v. Christensen, 786 F.2d 959 (9th Cir. 1986):
6 The new petition would not be precluded as a successive filing of the same claim because the district court dismissed it without considering the merits. See Polizzi v. United States, 550 F.2d 1133, 1135-36 (9th Cir.1976).
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