744 Fed.Appx. 484 (9th Cir. 2018), 17-15265, Anderson v. Williams

Docket Nº:17-15265, 17-70203
Citation:744 Fed.Appx. 484
Party Name:Anthony K. ANDERSON, Petitioner-Appellant, v. Brian WILLIAMS, Warden and Attorney General for the State of Nevada, Respondents-Appellees. Anthony K. Anderson, Petitioner, v. Jo Gentry, Warden, Respondent.
Attorney:Jason F. Carr, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office Las Vegas, Las Vegas, NV, for Petitioner - Appellant Amanda C. Sage, Esquire, Deputy Attorney General, Lawrence VanDyke, Solicitor, AGNV - Nevada Office of the Attorney General, Carson City, NV, for Respon...
Judge Panel:Before: WALLACE, KLEINFELD, and GRABER, Circuit Judges.
Case Date:December 03, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 484

744 Fed.Appx. 484 (9th Cir. 2018)

Anthony K. ANDERSON, Petitioner-Appellant,

v.

Brian WILLIAMS, Warden and Attorney General for the State of Nevada, Respondents-Appellees.

Anthony K. Anderson, Petitioner,

v.

Jo Gentry, Warden, Respondent.

Nos. 17-15265, 17-70203

United States Court of Appeals, Ninth Circuit

December 3, 2018

Argued and Submitted October 19, 2018 San Francisco, California

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Appeal from the United States District Court for the District of Nevada, Andrew P. Gordon, District Judge, Presiding, Application for Leave to File Second or Successive Petition, D.C. No. 2:16-cv-02215-APG-PAL

Jason F. Carr, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office Las Vegas, Las Vegas, NV, for Petitioner - Appellant

Amanda C. Sage, Esquire, Deputy Attorney General, Lawrence VanDyke, Solicitor, AGNV - Nevada Office of the Attorney General, Carson City, NV, for Respondents - Appellees

Before: WALLACE, KLEINFELD, and GRABER, Circuit Judges.

MEMORANDUM[*]

ORDER

The district court dismissed Nevada state prisoner Anthony Anderson’s petition for a writ of habeas corpus as successive. Anderson appealed that dismissal and filed an original application for leave to file a successive claim. We consolidated the proceedings and have jurisdiction under 28 U.S.C. § 2253 and 28 U.S.C. § 2244. We

Page 485

affirm the district court in the appeal; we deny the application.

We consider the appeal first. Andersons opening brief raised two issues: (1) whether the district court erred by dismissing his third habeas petition as "second or successive" under the Antiterrorism and Effective Death Penalty Act of 1996; and (2) whether we affirmatively misled Anderson into believing that his third petition would be considered on the merits. But in his reply brief and at oral argument, Anderson pursued a new theory of relief: that his first petition was not a petition for a writ of habeas corpus at all. Anderson asserts that...

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