What is the test for dismissal of a second federal habeas petition?
MultiRegion, United States of America
The following excerpt is from Audette v. Arnold, No. 2:16-cv-01256 JAM AC P (E.D. Cal. 2017):
This petition challenges the same 2004 conviction and state court judgment that were challenged in petitioner's 2006 federal habeas petition (Audette v. Castro, Case No. 2:06-cv-00738 JWS). Because the claims asserted in the instant federal habeas petition3 are not the same
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as those presented in petitioner's 2006 petition,4 dismissal is required unless one the following exceptions is met:
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