The following excerpt is from Bolin v. Davis, Case No. 1:99-cv-05279-LJO-SAB (E.D. Cal. 2016):
The instant motion does not appear to raise an argument or ground for relief that was not raised in the initial habeas petition. However, the court need not decide whether the motion constitutes a second or successive habeas corpus application under 28 U.S.C. 2244 because the motion fails on the merits. See Liggins v. Brazelton, No. 2:09-CV-01777 GEB EFR 2013 WL 950352, at *1 (E.D. Cal. Mar. 11, 2013) (whether and/or when a Rule 59(e) motion for reconsideration may constitute a second or successive habeas corpus application under 28 U.S.C. 2244 need not be decided since petitioner has not made an adequate showing on the merits of his request for reconsideration).
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.