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FLOWERS v. WALTER

No. 99-35552.

239 F.3d 1096 (2001)

Howard William FLOWERS, Petitioner-Appellant, v. Kay WALTER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2001.

Attorney(s) appearing for the Case

Jonathan S. Solovy, Bell, Flegenheimer & Solovy, Seattle, Washington, for the petitioner-appellant.

Paul D. Weisser, Assistant Attorney General, Department of Justice, Seattle, Washington, for the respondent-appellee.

Before: PREGERSON and D.W. NELSON, Circuit Judges, and KARLTON, District Judge.

PER CURIAM:

Howard William Flowers, a Washington state prisoner, appeals the dismissal of his second petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. The district court dismissed Flowers's second petition after concluding that it did not rely on "a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable." 28 U.S.C. § 2244(b)(2)(A) (1994 & Supp. IV 1998)....

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