McNabb v. Yates

holding that dismissal of habeas petition for failure to comply with statute of limitations renders subsequent petitions second or successive | holding that even when first petition was dismissed as 18 untimely, subsequent petition is second or successive and 19 requires prior authorization to file | holding that a dismissal due 6 to a procedural default and failure to show cause and prejudice overcoming that default is 7 a disposition on the merits | holding that a 14 dismissal of a § 2254 habeas petition on grounds of untimeliness “renders subsequent 15 petitions second or successive for purposes of AEDPA, 28 U.S.C. § 2244(b).” | holding that a “habeas petition is second or successive . . . if it raises claims that were or could have been adjudicated on the merits” in an earlier federal petition | holding that “dismissal of a section 2254 habeas petition for failure to 24 comply with the statute of limitations renders subsequent petitions second or successive for 25 purposes of the AEDPA” | holding that “the dismissal of a habeas petition as untimely constitutes 2 a disposition on the merits and that a further petition challenging the same conviction would be 3 ‘second or successive’” | holding that dismissal of a habeas 23 petition as untimely constitutes a disposition on the merits and renders a subsequent petition 1 challenging the same conviction or sentence “second or successive” for purposes of § 2244(b) | holding that dismissal of a habeas petition as time barred under 28 11 U.S.C. § 2244(d)(1) constitutes a disposition on the merits and renders a subsequent 12 petition second or successive for purposes of 28 U.S.C. § 2244(b) | holding that dismissal of a habeas petition as time barred 19 under 28 U.S.C. § 2244(d)(1) constitutes a disposition on the merits and renders a 20 subsequent petition second or successive for purposes of 28 U.S.C. § 2244(b) | holding that dismissal of 10 a habeas petition as time barred under 28 U.S.C. § 2244(d)(1) constitutes a 11 disposition on the merits and renders a subsequent petition second or successive for 12 purposes of 28 U.S.C. § 2244(b) | holding dismissal of habeas petition 11 for untimeliness constitutes a decision on the merits and renders subsequent 12 petitions second or successive | explaining that dismissal of a habeas petition for failure to comply with the statute of limitations is a decision “on the merits” | concluding dismissal for failure to comply with one-year statute of limitations 12 renders subsequent petitions challenging the same conviction or sentence “second or 13 successive” | holding dismissal of habeas petition 11 for untimeliness constitutes a decision on the merits and renders subsequent 12 petitions second or successive | explaining that the 24 dismissal of a habeas petition for failure to comply with AEDPA’s statute of limitations renders 25 subsequent petitions challenging the same conviction successive | holding “that dismissal 14 of a section 2254 habeas petition for failure to comply with the statute of limitations 15 renders subsequent petitions second or successive for purposes of” Section 2244(b) | holding “dismissal of a 20 first habeas petition for untimeliness presents a ‘permanent and incurable’ bar to federal review 21 of the underlying claims,” and thus renders subsequent petitions “second or successive” | holding “dismissal of a first habeas petition for untimeliness presents a ‘permanent and 5 incurable’ bar to federal review of the underlying claims,” and thus renders subsequent petitions 6 “second or successive” | holding “dismissal of a first habeas 24 petition for untimeliness presents a ‘permanent and incurable’ bar to federal review of the underlying 25 claims,” and thus renders subsequent petitions “second or successive” | holding “dismissal of a 24 first habeas petition for untimeliness presents a ‘permanent and incurable’ bar to federal review 25 of the underlying claims,” and thus renders subsequent petitions “second or success