STEVEN RITCHIE V. LEROY KIRKEGARD, No. 14-35532 (9th Cir. 2015)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 06 2015 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT STEVEN RAY RITCHIE, Petitioner - Appellant, U.S. COURT OF APPEALS No. 14-35532 D.C. No. 9:09-cv-00177-DWM v. MEMORANDUM* LEROY KIRKEGARD; MIKE BATISTA, Respondents - Appellees. 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. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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