Joseph M. Wasko, Petitioner-appellant, v. Wayne Estelle, Warden, Respondent-appellee, 944 F.2d 910 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 944 F.2d 910 (9th Cir. 1991)

Submitted Feb. 12, 1991. *Decided Sept. 12, 1991


Before FERGUSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges.


ORDER

The memorandum disposition in this case, filed on March 14, 1991, is withdrawn. A superseding memorandum disposition will be filed in its stead.

MEMORANDUM** 

Appellant Wasko did not raise his current claims in his previous habeas corpus petition. Because he has not shown cause to excuse his failure to have raised his claims earlier nor prejudice therefrom, see McCleskey v. Zant, --- U.S. ----, 113 L. Ed. 2d 517, 545 (1991), the district court did not err in dismissing his petition as an abuse of the writ.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3