BOGGS, Chief Judge, dissenting. While I recognize the attraction of a clear rule that a Rule 59(e) motion to alter or amend judgment will never be treated as a second or successive habeas petition, I simply do not see how that principle can be sustained in every case. I think it is clear that not every Rule 59(e) motion should be treated as a second habeas. If that were so, it would vitiate t…
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