Henderson v. Lampert, 396 F.3d 1049 (9th Cir. Jan. 28, 2005) (petition was "second or successive" petition barred by 28 U.S.C. section 2244(b)(1), where petition raised same claims raised in earlier petition that was dismissed on state procedural default grounds (which constitutes a decision on the merits), and petitioner failed to challenge first petitions dismissal).