Is a district court's denial of consideration of the merits of a petition on the grounds that it is abusive and successive reviewed for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from Rawlins v. Lewis, 91 F.3d 154 (9th Cir. 1996):
A district court's denial of consideration of the merits of a petition on the grounds that it is abusive and successive, is reviewed for an abuse of discretion. Campbell v. Blodgett, 997 F.2d 512, 516 (9th Cir.1992), cert. denied, 114 S.Ct. 1337 (1994). A court abuses its discretion if the court's decision is based on "an erroneous legal conclusion or on a clearly erroneous finding of fact." Id.
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