Full text
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN RAY RITCHIE,
Petitioner - Appellant,
v.
LEROY KIRKEGARD; MIKE BATISTA,
Respondents - Appellees.
No. 14-35532
D.C. No. 9:09-cv-00177-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, Senior District Judge, Presiding
Argued and Submitted November 3, 2015
Portland, Oregon
Before: FISHER, BERZON and WATFORD, Circuit Judges.
Petitioner Steven Ritchie appeals the dismissal of his federal habeas petition
as untimely. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253.
At oral argument, the state conceded Ritchie’s petition was timely in light of
Rogers v. Ferriter, 796 F.3d 1009 (9th Cir. 2015). We therefore reverse the district
court’s decision and remand for further proceedings.
REVERSED and REMANDED.
FILED
NOV 06 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
*This disposition is not appropriate for publication and is not precedent except as
provided by Ninth Circuit Rule 36-3.
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