Raymond E. Hill v. State of Alaska, 297 F.3d 895 (9th Cir. 2002). · Go Syfert
Raymond E. Hill v. State of Alaska, 297 F.3d 895 (9th Cir. 2002). Cases Citing This Book View Copy Cite
“the supreme court has declined to read 2244 to preclude prisoners from bringing habeas claims that could not have been brought in earlier petitions.”
66 citation events (65 in the last 25 years) across 12 distinct courts.
Strongest positive: Eric Dwight Rice v. Gavin Newsom (cacd, 2021-03-02)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Eric Dwight Rice v. Gavin Newsom
C.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the supreme court has declined to read 2244 to preclude prisoners from bringing habeas claims that could not have been brought in earlier petitions.
discussed Cited as authority (rule) Anthony Marvell Semien v. Pat Horn
E.D. Cal. · 2025 · confidence medium
The mere fact that a petitioner has previously filed a habeas petition 22 relating to the same conviction does not necessarily render a subsequent petition “second or 23 successive.” Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002).
discussed Cited as authority (rule) (HC) Henry v. Burton
E.D. Cal. · 2023 · confidence medium
However, the fact petitioner “has previously filed a federal habeas 4 || petition does not necessarily render a subsequent petition ‘second or successive.’” Hill v. Alaska, 5 | 297 F.3d 895, 898 (9th Cir. 2002) (citing Jn re Cain, 137 F.3d 234, 235 (Sth Cir.1998)).
discussed Cited as authority (rule) (HC) Hollis v. Bloomfield
E.D. Cal. · 2023 · confidence medium
The mere fact that a petitioner has previously filed a habeas petition 24 relating to the same conviction does not necessarily render a subsequent petition “second or 25 successive.” Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002).
discussed Cited as authority (rule) (HC) Singh v. Warden (2×) also: Cited "see"
E.D. Cal. · 2023 · confidence medium
The mere fact that a petitioner has previously filed a habeas petition 22 relating to the same conviction does not necessarily render a subsequent petition “second or 23 successive.” Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002).
cited Cited as authority (rule) (HC) Singh v. Warden
E.D. Cal. · 2023 · confidence medium
Alaska, 297 F.3d 895, 898 (9th Cir. 2002) (citing Jn re Cain, 137 F.3d 234 , 5 || 235 (Sth Cir.1998)).
cited Cited as authority (rule) Bruce Allen v. The People of The State of California
C.D. Cal. · 2021 · confidence medium
Clayton v. Biter, 868 F.3d 840, 843-45 (9th Cir. 2017); Hill v. State of Alaska, 8 297 F.3d 895, 898 (9th Cir. 2002).
discussed Cited as authority (rule) Huff 032976 v. Shinn
D. Ariz. · 2020 · confidence medium
See Brown, 889 F.3d at 672 (“a factual predicate accrues 3 at the time the constitutional claim ripens—i.e., when the constitutional violation occurs”); 4 United States v. Buenrostro, 638 F.3d 720, 725 (9th Cir. 2011) (“A prisoner whose 5 conviction and sentence were tested long ago may still file petitions relating to denial of 6 parole, revocation of a suspended sentence, and the like because such claims were not ripe 7 for adjudication at the conclusion of the prisoner’s first federal habeas proceeding.”); Hill 8 v. State of Alaska, 297 F.3d 895, 899 (9th Cir. 2002) (habeas peti…
discussed Cited as authority (rule) Tony Goodrum v. Timothy Busby (2×) also: Cited "see"
9th Cir. · 2016 · confidence medium
Hill v. State of Alaska, 297 F.3d 895, 897-98 (9th Cir. 2002); Crouch v. Norris, 251 F.3d 720, 723-24 (8th Cir. 2001); Muniz v. United States, 236 F.3d 122, 127 (2d Cir. 2001) (per curiam).
discussed Cited as authority (rule) Richard Bryan v. Pat Glebe
9th Cir. · 2015 · confidence medium
See Magwood v. Patterson, 561 U.S. 320, 333 , 130 S.Ct. 2788 , 177 L.Ed.2d 592 (2010) (“the phrase ‘second or successive’ must be interpreted with respect to the judgment challenged”); Hill v. Alaska, 297 F.3d 895, 899 (9th Cir.2002) (later petition was not second or successive because “Hill’s claims relating to mandatory parole challenge the calculation of his release date rather than the sentence itself’).
cited Cited as authority (rule) Michael Leonetti v. Brian Williams
9th Cir. · 2012 · confidence medium
"AEDPA does not define the terms 'second or successive.’ ” Henderson, 396 F.3d at 1053 (quoting Hill v. Alaska, 297 F.3d 895, 897 (9th Cir.2002)).
cited Cited as authority (rule) United States v. Buenrostro
9th Cir. · 2011 · confidence medium
Hill v. Alaska, 297 F.3d 895, 898-99 (9th Cir.2002), cited in Magwood, 130 S.Ct. at 2805 ; see also Benchoffv.
discussed Cited as authority (rule) Magwood v. Patterson
SCOTUS · 2010 · confidence medium
This can occur where the claim was not yet ripe at the time of the first petition, see, e. g., Panetti, supra, at 947 , or where the alleged violation occurred only after the denial of the first petition, such as the State’s failure to grant the prisoner parole as required by state law, see, e. g., Hill v. Alaska, 297 F. 3d 895, 898-899 (CA9 2002); Crouch v. Norris, 251 F. 3d 720, 723-725 (CA8 2001); In re Cain, 137 F. 3d 234, 236 (CA5 1998).
discussed Cited as authority (rule) In Re Jones
6th Cir. · 2010 · confidence medium
See In re Cain, 137 F.3d 234, 236-37 (5th Cir.1998) (challenge to disciplinary revocation of good-time credits); Crouch v. Norris, 251 F.3d 720, 723-24 (8th Cir.2001) (challenge to parole determination); Hill v. Alaska, 297 F.3d 895, 897-99 (9th Cir.2002) (challenge to parole determination); see also Benchoff v. Colleran, 404 F.3d 812, 817 (3d Cir.2005) (noting that a challenge to a parole determination would not constitute a “second or successive” petition under § 2244 if “the claim had not arisen or could not have been raised at the time of the prior petition,” but holding prisoner�…
discussed Cited as authority (rule) United States v. Lopez
9th Cir. · 2009 · confidence medium
Ct., 163 F.3d 530 , 538 (9th Cir.1998) (en banc) (citing Felker, 518 U.S. at 664 , 116 S.Ct. 2333 ), abrogated on other grounds by Woodford v. Garceau, 538 U.S. 202 , 123 S.Ct. 1398 , 155 L.Ed.2d 363 (2003), and that “second or successive” in AEDPA is a “ ‘term of art ... derivative of the “abuse-of-the-writ” doctrine developed in preAEDPA cases,’ ” see Allen v. Ornoski, 435 F.3d 946, 956 (9th Cir.2006) (quoting Hill v. Alaska, 297 F.3d 895, 897-98 (9th Cir.2002)).
discussed Cited as authority (rule) United States v. Lopez
9th Cir. · 2009 · confidence medium
Ct., 163 F.3d 530 , 538 (9th Cir. 1998) (en banc) (citing Felker, 518 U.S. at 664 ), abrogated on other grounds by Woodford v. Garceau, 538 U.S. 202 (2003), and that “second or successive” in AEDPA is a “ ‘term of art . . . derivative of the “abuse-of-the-writ” doctrine developed in pre-AEDPA cases,’ ” see Allen v. Ornoski, 435 F.3d 946, 956 (9th Cir. 2006) (quoting Hill v. Alaska, 297 F.3d 895, 897-98 (9th Cir. 2002)).
discussed Cited as authority (rule) Van Hoosen v. Kramer
9th Cir. · 2009 · confidence medium
Cf. Panetti v. Quarterman, 551 U.S. 930 , -, 127 S.Ct. 2842, 2852-55 , 168 L.Ed.2d 662 (2007) (claim of incompetence to be executed that could not have been brought up earlier as a matter of law); Slack v. McDaniel, 529 U.S. 473, 485-86 , 120 S.Ct. 1595, 1604-05 , 146 L.Ed.2d 542 (2000) (claim where prior petition not considered on the merits); Hill v. Alaska, 297 F.3d 895, 899 (9th Cir.2002) (challenge to a later failure to grant a prisoner mandatory parole). 1 AFFIRMED.
discussed Cited as authority (rule) Van Hoosen v. Kramer
9th Cir. · 2009 · confidence medium
Cf. Panetti v. Quarterman, 551 U.S. 930 , -, 127 S.Ct. 2842, 2852-55 , 168 L.Ed.2d 662 (2007) (claim of incompetence to be executed that could not have been brought up earlier as a matter of law); Slack v. McDaniel, 529 U.S. 473, 485-86 , 120 S.Ct. 1595, 1604-05 , 146 L.Ed.2d 542 (2000) (claim where prior petition not considered on the merits); Hill v. Alaska, 297 F.3d 895, 899 (9th Cir.2002) (challenge to a later failure to grant a prisoner mandatory parole). 1 AFFIRMED.
cited Cited as authority (rule) United States v. Lopez
9th Cir. · 2008 · confidence medium
“AEDPA does not define the terms ‘second or successive.’ ” Henderson, 396 F.3d at 1053 (quoting Hill v. Alaska, 297 F.3d 895, 897 (9th Cir.2002)) (internal quotation marks omitted).
cited Cited as authority (rule) United States v. Lopez
9th Cir. · 2008 · confidence medium
“AEDPA does not define the terms ‘second or successive.’ ” Henderson, 396 F.3d at 1053 (quoting Hill v. Alaska, 297 F.3d 895, 897 (9th Cir. 2002)) (internal quotation marks omitted).
cited Cited as authority (rule) United States v. Lopez
9th Cir. · 2008 · confidence medium
“AEDPA does not define the terms ‘second or successive.’ ” Henderson, 396 F.3d at 1053 (quoting Hill v. Alaska, 297 F.3d 895, 897 (9th Cir. 2002)) (internal quotation marks omitted).
cited Cited as authority (rule) McCright v. Horel
9th Cir. · 2008 · confidence medium
See 28 U.S.C. § 2244 (b); Hill v. State of Alaska, 297 F.3d 895, 898-99 (9th Cir.2002).
cited Cited as authority (rule) Johnson v. Marshall
9th Cir. · 2008 · signal: cf. · confidence medium
See 28 U.S.C. §§ 2244 (b)(1) & (2); Babbitt v. Woodford, 177 F.3d 744, 745-47 (9th Cir.1999) (per curiam); cf. Hill v. Alaska, 297 F.3d 895, 898 (9th Cir.2002).
cited Cited as authority (rule) Ware v. Carey
9th Cir. · 2006 · confidence medium
The fact that a petitioner has previously filed habeas petitions does not automatically render subsequent petitions “second or successive.” See Hill v. Alaska, 297 F.3d 895, 898 (9th Cir.2002).
discussed Cited as authority (rule) Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of California
9th Cir. · 2006 · confidence medium
AEDPA does not define the term “second or successive.” However, “[t]he Supreme Court, the Ninth Circuit, and our sister circuits have interpreted the concept incorporated in this term of art as derivative of the ‘abuse-of-the-writ’ doctrine developed in pre-AEDPA cases.” Hill v. Alaska, 297 F.3d 895, 897-98 (9th Cir.2002).
discussed Cited as authority (rule) Allen v. Ornoski
9th Cir. · 2006 · confidence medium
Section 2244(b)(2) requires the court of appeals to dismiss the claims in a “second or successive” habeas petition unless: (A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to 898 ALLEN v. ORNOSKI cases on collateral review by the Supreme Court, that was previously unavailable; or (B)(i) the factual predicate for the claim could not have been discovered previously through the exer- cise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by cle…
discussed Cited as authority (rule) In Re Richard Edward Cabey, Movant
4th Cir. · 2005 · confidence medium
Accordingly, reading "second or successive" to include such petitions would not further the purposes behind AEDPA. 8 Upon reviewing the case law and legislative history of AEDPA, the Third Circuit similarly concluded that "a subsequent petition that challenges the administration of a sentence is clearly not a `second or successive' petition within the meaning of § 2244 if the claim had not arisen or could not have been raised at the time of the prior petition." Benchoff v. Colleran, 404 F.3d 812, 817 (3rd Cir.2005) (emphasis in original) (citing Singleton v. Norris, 319 F.3d 1018, 1023 (8th C…
discussed Cited as authority (rule) In re: Cabey v.
4th Cir. · 2005 · confidence medium
Upon reviewing the case law and legislative history of AEDPA, the Third Circuit similarly concluded that "a subsequent petition that challenges the administration of a sentence is clearly not a ‘second or successive’ petition within the meaning of § 2244 if the claim had not arisen or could not have been raised at the time of the prior petition." Benchoff v. Colleran, 404 F.3d 812, 817 (3rd Cir. 2005) (emphasis in original) (citing Singleton v. Norris, 319 F.3d 1018, 1023 (8th Cir. 2003)("[A] habeas petition raising a claim that had not arisen at the time of a previous petition is not bar…
discussed Cited as authority (rule) Benchoff v. Colleran (2×)
3rd Cir. · 2005 · confidence medium
See Singleton v. Norris, 319 F.3d 1018, 1023 (8th Cir. 2003); Medberry v. Crosby, 351 F.3d 1049, 1062 (11th Cir. 2003); Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002); In re Cain, 137 F.3d at 236 .
discussed Cited as authority (rule) Robert Benchoff v. Raymond Colleran (2×)
3rd Cir. · 2005 · confidence medium
See Singleton v. Norris, 319 F.3d 1018, 1023 (8th Cir.2003); Medberry v. Crosby, 351 F.3d 1049, 1062 (11th Cir.2003); Hill v. Alaska, 297 F.3d 895, 898 (9th Cir.2002); In re Cain, 137 F.3d at 236 .
cited Cited as authority (rule) John K. Henderson v. Robert O. Lampert
9th Cir. · 2005 · confidence medium
“AEDP1A does not define the terms ‘second or successive.’ ” Hill v. Alaska, 297 F.3d 895, 897 (9th Cir.2002).
cited Cited as authority (rule) Henderson v. Lampert
9th Cir. · 2005 · confidence medium
“AEDPA does not define the terms ‘second or successive.’ ” Hill v. Alaska, 297 F.3d 895, 897 (9th Cir. 2002).
discussed Cited as authority (rule) Koop v. Lehman
9th Cir. · 2004 · confidence medium
Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002) (quoting McCleskey v. Zant, 499 U.S. 467, 490 , 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991)).
cited Cited as authority (rule) Daniel Clark Medberry v. James Crosby
11th Cir. · 2003 · confidence medium
See James v. Walsh, 308 F.3d 162, 167 (2d Cir.2002); Hill v. Alaska, 297 F.3d 895, 898-99 (9th Cir.2002); Crouch, 251 F.3d at 725 ; In re Cain, 137 F.3d 234, 236-37 (5th Cir.1998).
discussed Cited as authority (rule) Winkler v. Smith
9th Cir. · 2002 · confidence medium
Cf. Slack, 529 U.S. at 485-88 , 120 S.Ct. 1595 (holding that when a first petition is dismissed for failure to exhaust all or some of the claims, a subsequent petition is not second or successive); Hill v. Alaska, 297 F.3d 895, 899 (9th Cir.2002) (holding that a petition raising a claim that had been raised in two prior petitions should not be treated as successive because the prior petitions had been dismissed in total without any merits consideration).
discussed Cited "see" Matiya v. Perkins
W.D. Wash. · 2024 · signal: see · confidence high
See Hill v. State of Alaska, 297 F.3d 895 , 897–898 (9th Cir.2002). 20 Here, the Court’s records show Petitioner’s first habeas petition challenging his Mason 21 County convictions and sentence was adjudicated by this Court on the merits and dismissed in 22 2023.
discussed Cited "see" Clinton Eldridge v. Catricia Howard
9th Cir. · 2023 · signal: see · confidence high
See Hill v. State of Alaska, 297 F.3d 895, 899 (9th Cir. 2002) (“Because the district court has never addressed [petitioner’s] claims relating to mandatory parole on the merits, and those claims could not have been included in earlier petitions challenging his conviction and sentence, [petitioner] is not obliged to secure this court’s permission prior to filing his habeas petition in the district court.”).
discussed Cited "see" Poyson v. Shinn (2×) also: Cited "see, e.g."
D. Ariz. · 2022 · signal: see · confidence high
See id. (quoting Hill, 297 F.3d at 899 ). 21 Respondents move to dismiss the petition under Rule 9(b) of the Rules Governing 22 Section 2254 Cases, as an “abuse of the writ.” (Doc. 6 at 8.) They argue, citing Justice 23 Kennedy’s dissent in Magwood, 561 U.S. at 349 , that “[w]hether Poyson raises individual 24 claims that could not have been raised previously is immaterial because the court is to look 25 at the judgment from which the petition seeks relief and not review the petition claim by 26 claim.” (Id. at 7.) 27 Magwood addressed the question of “when a claim should be deemed…
cited Cited "see" Smith v. Stewart
9th Cir. · 2008 · signal: see · confidence high
See Hill v. Alaska, 297 F.3d 895, 898-99 (9th Cir.2002).
cited Cited "see" Garcia v. Alameida
9th Cir. · 2004 · signal: see · confidence high
See Hill v. Alaska, 297 F.3d 895, 898-99 (9th Cir.2002).
cited Cited "see" Joel White v. John Lambert, Superintendent
9th Cir. · 2004 · signal: see · confidence high
See Hill v. Alaska, 297 F.3d 895 (9th Cir.2002).
discussed Cited "see" Kevin Phelps v. Edward Alameda, Warden, Duel Vocational Institution, Tracy, California People of the State of California Ex Rel. Bill Lockyer
9th Cir. · 2004 · signal: see · confidence high
See Hill v. Alaska, 297 F.3d 895, 898 (9th Cir.2002) ("That a prisoner has previously filed a federal habeas petition does not necessarily render a subsequent petition 'second or successive.’ "); Calderon v. U.S. Dist.
discussed Cited "see" Kevin Cooper v. Arthur Calderon, Warden of California State Prison at San Quentin (2×)
9th Cir. · 2002 · signal: see · confidence high
See Hill v. Alaska, 297 F.3d 895, 898 (9th Cir.2002) (“That a prisoner has previously filed a federal habeas petition does not necessarily render a subsequent petition ‘second or successive.’ ”); see also Crouch v. Norris, 251 F.3d 720, 723 (8th Cir.2001) (“AEDPA fails to define what constitutes a ‘second or successive’ application.
cited Cited "see" West v. State of Montana
9th Cir. · 2002 · signal: see · confidence high
See Hill v. Alaska, 297 F.3d 895 (9th Cir.2002).
discussed Cited "see, e.g." Hedlund v. Shinn
D. Ariz. · 2020 · signal: see also · confidence medium
See 28 Lackey v. Texas, 514 U.S. 1045 (1995) (mem.) (Stevens, J. & Breyer, J., discussing denial of certiorari and noting the claim has not been addressed). 1 of a conditional writ in the first habeas proceeding. 2 Circuit courts have allowed prisoner to file second petitions “relating to denial of 3 parole, revocation of a suspended sentence, and the like because such claims were not ripe 4 for adjudication at the conclusion of the prisoner’s first federal habeas proceeding.” 5 Buenrostro, 638 F.3d at 725 ; see also Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002) 6 (declining to find …
discussed Cited "see, e.g." Gregory L. Brown v. W. Muniz
9th Cir. · 2018 · signal: see, e.g. · confidence low
See, e.g., Hill v. Alaska, 297 F.3d 895 , 898–99 (9th Cir. 2002) (challenge to release date based on post-sentencing parole determination was not second or successive because the factual predicate—calculation of the release date—occurred after petitioner filed his initial petition); Medberry v. Crosby, 351 F.3d 1049, 1062 (11th Cir. 2003) (challenge to prison disciplinary proceeding was not second or successive because it “could not have been raised in an earlier petition” challenging petitioner’s conviction or sentence); James v. Walsh, 308 F.3d 162, 168 (2d Cir. 2002) (challenge …
discussed Cited "see, e.g." Curtis Clayton v. Martin Biter (2×)
9th Cir. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Hill, 297 F.3d at 897-901 (analyzing state law to determine whether a challenge to parole eligibility was separate from the sentence for purposes of the second or successive petition analysis).
cited Cited "see, e.g." Williams v. Warden for the Nevada, Women's Correctional Facility
D. Nev. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Hill v. State, 297 F.3d 895, 896 (9th Cir.2002); Martinez-Villareal v. Stewart, 118 F.3d 628, 634-35 (9th Cir.1997); In re Turner, 101 F.3d 1323 (9th Cir.1996).
discussed Cited "see, e.g." Del Raine v. Adams
9th Cir. · 2003 · signal: see also · confidence medium
Id; cf. Barapind v. Reno, 225 F.3d 1100, 1111 (9th Cir.2000) (deciding that the gatekeeping provisions of § 2244 did not apply to an INS detainee who filed a § 2241 petition since detention challenged was not pursuant to a judgment of a court of the United States); see also Hill v. Alaska, 297 F.3d 895, 898-99 (9th Cir.2002) (deciding, in a case of first impression, that a habeas petition was not second or successive under § 2244(b) because the petition was challenging the mandatory release date for the first time, and those claims could not have been included in earlier petitions).
Retrieving the full opinion text from the archive…
Raymond E. HILL, Petitioner,
v.
STATE of Alaska, Respondent
01-71735.
Court of Appeals for the Ninth Circuit.
Jul 19, 2002.
297 F.3d 895
Raymond E. Hill, pro se, for the petitioner., W.H. Hawley, Jr., and Timothy W. Terrell, Assistant Attorneys General, Department of Law, Office of Special Prosecutions and Appeals, Anchorage, Alaska, for the respondent.
Brunetti, Trott, McKeown.
Cited by 54 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: N.D. California (1) · D. Oregon (1)
McKEOWN, Circuit Judge.

This appeal requires us to decide whether an initial habeas petition challenging the calculation of the prisoner’s release date, in this case a claim that Alaska’s “mandatory parole” scheme is unconstitutional, is governed by the “second or successive” petition provision of the Antiterrorism and Effective Death Penalty Act of 1996[*897] (AEDPA). See 28 U.S.C. § 2244(b). Raymond Hill has filed numerous habeas petitions since he was convicted of robbery in 1993. He now requests this court’s permission to file yet another habeas petition in district court. Because the petition at issue constitutes his first challenge to the calculation of his release date, we conclude that, as it relates to parole, Hill’s petition is not second or successive under § 2244(b)(3)(A). Accordingly, no permission is required to file the petition in district court and Hill’s application is dismissed as unnecessary. Hill also seeks leave to file a petition relating to his conviction. That application is denied as a successive petition.

Background

The Alaska Court of Appeals, in its denial of Hill’s state habeas petition, provided a cogent summary of the background facts in this case:

In 1993, Raymond E. Hill was convicted of robbery and sentenced to serve 7 years in prison. In early 1998, Hill’s actual time in prison, combined with the “good time” credit that had been awarded to him under AS 33.20.010, totaled 7 years. Hill was therefore released on mandatory parole. See AS 33.20.030-.040(a).

Hill v. State, 22 P.3d 24, 25 (Alaska Ct.App.2001).

Under Alaska’s mandatory parole scheme, prisoners must be released when they have served their sentences minus any good-time credits they have earned. Alaska Stat. § 33.20.010. When prisoners violate their release conditions, however, the State may revoke their parole and require them to serve a sentence equivalent to any portion of the good-time offset. Alaska Stat. § 33.16.220(i); Hill, 22 P.3d at 26. Hill challenges this scheme as unconstitutional. • In addition, he claims that his conviction violated double jeopardy. '

DISCUSSION

I. MANDATORY PAROLE

Despite having filed numerous habeas petitions, the petition Hill now proposes to file is his first one challenging his parole conditions. Both the State and Hill agree that such a petition should not be categorized as a second or successive petition under 28 U.S.C. § 2244(b). [1] We also agree and publish this short opinion because the issue is one of first impression in this circuit.

AEDPA does not define the terms “second or successive.”. The Supreme Court, the Ninth Circuit, and our sister circuits have interpreted the concept incor[*898] porated in this term of art as derivative of the “abuse-of-the-writ” doctrine developed in pre-AEDPA cases. See, e.g., Felker v. Turpin, 518 U.S. 651, 664, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996) (stating that § 2244(b) is an evolutionary extension of the abuse of the writ doctrine); Calderon v. United States Dist. Court, 163 F.3d 530, 538 (9th Cir.1998)(en banc) (“Abuse of the writ evolved as a judicially created equitable doctrine, but it is now codified by the AEDPA” at § 2244(b).); Crouch v. Norris, 251 F.3d 720, 723-25 (8th Cir.2001) (applying abuse-of the-writ principles to assess prisoner’s challenge to the execution of his sentence); Muniz v. United States, 236 F.3d 122, 127 (2d Cir.2001) (defining “second or successive” “with reference to the equitable principles underlying the ‘abuse-of-the-writ’ doctrine”); Reeves v. Little, 120 F.3d 1136, 1139 (10th Cir.1997) (per curiam) (same). An “abuse-of-the-writ” occurs when a petitioner raises a habeas claim that could have been raised in an earlier petition were it not for inexcusable neglect. McCleskey v. Zant, 499 U.S. 467, 493, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991). “[T]he abuse-of-the-writ doctrine [has] concentratefd] on a petitioner’s acts to determine whether he has a legitimate excuse for failing to raise a claim at the appropriate time.” Id. at 490.

That a prisoner has previously filed a federal habeas petition does not necessarily render a subsequent petition “second or successive.” In re Cain, 137 F.3d 234, 235 (5th Cir.1998) (per curiam). Other circuits that have considered the question presented by Hill’s application have held that a prisoner’s first petition challenging the calculation of release date should not be deemed successive if the prisoner did not have an opportunity to challenge the state’s conduct in a prior petition. See Crouch, 251 F.3d at 725 (denying petitioner’s application for permission. to file a successive petition as unnecessary where petitioner’s petition challenging denial of parole did not raise “a claim challenging his conviction or sentence that was or could have been raised in his earlier petition” and was not otherwise an abuse of the writ); Cain, 137 F.3d at 236-37 (same where petitioner challenged a prison disciplinary conviction and his previous petition challenged Texas Department of Criminal Justice’s good-time policy.); cf. Walker v. Roth, 133 F.3d 454, 455 (7th Cir.1997) (per curiam) (holding that petition was not successive where it challenged petitioner’s resentencing when that resentencing was the result of the petitioner’s first habeas petition challenging his conviction).

The Eighth Circuit’s decision in Crouch addresses a circumstance remarkably similar to the one present here. Crouch unsuccessfully challenged his conviction in a § 2254 petition. Two years later, he requested that the court of appeals permit him to file another petition in which he proposed to challenge the state’s refusal to grant him parole. Crouch, 251 F.3d at 722. Crouch noted that if the expression “second or successive” were interpreted too literally, it would foreclose petitions like Crouch’s (and Hill’s) and “all but foreclose challenges to the constitutionality of the execution of [ ] sentences.” Id. at 724. Such a result would be illogical given that, like the abuse-of-the-writ doctrine prior to AEDPA, § 2244(b) is a “modified res judi-cata rule,” Felker, 518 U.S. at 664 (1996).

It also bears noting that the Supreme Court has declined to read § 2244 to preclude prisoners from bringing habeas claims that could not have been brought in earlier petitions. See Slack v. McDaniel, 529 U.S. 473, 487, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000) (“A petition filed after a mixed petition has been dismissed under Rose v. Lundy before the district court[*899] adjudicated any claims is to be treated as ‘any other first petition’ and is not a second or successive petition.”); Stewart v. Martinez-Villareal, 523 U.S. 637, 644-45, 118 S.Ct. 1618, 140 L.Ed.2d 849 (1998) (holding that claim that petitioner was not competent to be executed under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986) is not a second or successive petition). The Supreme Court’s teachings on § 2244, the well-reasoned decisions of our sister circuits, and the logical application of the “second or successive” petition rule lead us to adopt the rule embraced by the Fifth and Eight Circuits in Cain and Crouch.

Hill’s claims relating to mandatory parole challenge the calculation of his release date rather than the sentence itself. To the extent that Hill included parole-related claims in two previous habeas petitions that he filed after becoming eligible for parole, in neither of those two cases did the district court address Hill’s claims on the merits. The earlier of the two petitions was filed pro se and the district court dismissed it without prejudice on account of Hill’s failures to pay a $5 filing fee and to use a prescribed court form. Hill voluntarily dismissed the most recent of the two petitions so that he could exhaust state court remedies. Because the district court has never addressed Hill’s claims relating to mandatory parole on the merits, and those claims could not have been included in earlier petitions challenging his conviction and sentence, Hill is not obliged to secure this court’s permission prior to filing his habeas petition in the district court.

II. Double JeopaRdy

Hill also requests permission to file a habeas petition in district court challenging his conviction on what he styles as “double jeopardy” grounds. Regardless of whether Hill’s characterization is accurate, his double jeopardy claim, in contrast to his claim regarding mandatory parole, attacks his underlying conviction. Thus, it is a prime example of a “second or successive” petition under § 2244(b). Hill has not adduced any new evidence or cited any new rule of constitutional law that would even arguably entitle him to file a habeas petition on this claim.

Conclusion

Hill’s application to file a successive ha-beas petition is denied as unnecessary with respect to his challenge to Alaska’s mandatory parole scheme. Hill’s application-with respect to his double jeopardy claim is denied.

APPLICATION DENIED.

1

. Section 28 U.S.C. § 2244(b) provides:

(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.
(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless
(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and
(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact-finder would have found the applicant guilty of the underlying offense.
(3)(A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.