Joseph M. Wasko, Petitioner-appellant, v. Wayne Estelle, Warden, Respondent-appellee, 944 F.2d 910 (9th Cir. 1991)Annotate this Case
Before FERGUSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges.
The memorandum disposition in this case, filed on March 14, 1991, is withdrawn. A superseding memorandum disposition will be filed in its stead.
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.