(1) Is the Ninth Circuit's decision contrary to this Court's decision in Ylst v Nunnemaker because it failed to presume that the silent denial of his second state court petition was based on the same grounds as the first?; (2) Is the Ninth Circuit's decision contrary to Rule 4 of the Rules Governing Section 2254 cases because it did not require the district court to review the relevant state court records before deciding to dismiss the petition as untimely?

Is the Ninth Circuit's decision contrary to this Court's decision in Y/st v Nunnemaker and Rule 4 of the Rules Governing Section 2254 cases?