Opinion
No. 07-35050.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed May 27, 2008.
Efren Lopez Gamboa, Airway Heights, WA, pro se.
Gregory J. Rosen, Esq., Office Of The Washington Attorney General, Criminal Justice Division, Olympia, WA, for Respondents-Appellee.
Appeal from the United States District Court for the Western District of Washington, Thomas S. Zilly, District Judge, Presiding. D.C. No. CV-06-01143-TSZ.
Before: PREGERSON, TASHIMA, and GOULD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Washington state prisoner Efren Lopez Gamboa appeals pro se from the district court's order dismissing his 28 U.S.C. § 2254 petition as second or successive. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
As an initial matter, we reject Lopez Gamboa's contention that 28 U.S.C. § 2244(b) does not apply to petitions challenging state prison administrative decisions. See 28 U.S.C. § 2244(b). Furthermore, we conclude that the district court properly dismissed Lopez Gamboa's federal habeas petition as second or successive without authorization. See id.; Babbitt v. Woodford 177 F.3d 744, 745-47 (9th Cir. 1999).