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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.