9th Cir.;
15-71566

The court of appeals denied an application to file a second or successive petition as unnecessary and transferred the case back to the district court. The court held that a habeas petition challenging a state court denial of a post-judgment petition for resentencing under California’s Three Strikes Reform Act of 2012 was not a “second or successive petition” for purposes of 28 U.S.C. §2254, and did not require the court of appeals’ permission for filing.

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