Does a prisoner have to file a second application for habeas corpus for a third time?

MultiRegion, United States of America

The following excerpt is from Vasquez v. Parrott, 318 F.3d 387 (2nd Cir. 2003):

1998) (per curiam) ("[A] prisoner's application is not second or successive simply because it follows an earlier federal petition."). In other words, while prisoners are generally restrained from the filing of repetitious petitions for habeas corpus under the doctrine forbidding "abuse of the writ," see McCleskey v. Zant, 499 U.S. 467, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991), the particular restrictions imposed by 2244 apply only if the petitioner has filed at least two petitions that are properly counted under that section.

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