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REES v. HILL

No. 01-70750.

286 F.3d 1103 (2002)

Ronald Richard REES, Petitioner, v. Jean HILL, Superintendent; Hardy Myers, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2002.

Attorney(s) appearing for the Case

Wendy R. Willis, Assistant Federal Public Defender, Portland, OR, for the petitioner.

Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent.

Before: HUG, T.G. NELSON, and GOULD, Circuit Judges.

OPINION

HUG, Circuit Judge.

Ronald R. Rees, a prisoner of the State of Oregon, seeks leave to file a successive habeas petition. We have jurisdiction under 28 U.S.C. § 2244. For the reasons set forth below, we deny Rees' request.

In order to obtain leave to file a successive habeas petition, Rees must show that his underlying claim (1) relies on a new rule of constitutional law, (2) made retroactive to cases on collateral review by

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