The following excerpt is from Washington v. Jaime, No. 2:19-cv-0319 KJN P (E.D. Cal. 2019):
The court's records reveal that petitioner has previously filed an application for a writ of habeas corpus attacking the conviction and sentence challenged in this case. The previous application was filed on July 14, 2016, and was dismissed as untimely on July 14, 2017. The dismissal of a habeas petition as untimely "constitutes an adjudication on the merits that renders future petitions under 2254 challenging the same conviction 'second or successive' petitions under 2244(b)." McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2009).
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