Opinion
This panel unanimously finds this case suitable for decision without oral argument. See FED. R.APP. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of Idaho, B. Lynn Winmill, Chief District Judge, Presiding.
Greg S. Silvey, Esq., Kenneth Adrian Fuller, pro se, Boise, ID, for Petitioner-Appellant.
L. LaMont Anderson, Esq., Office of Attorney General, Boise, ID, for Respondent-Appellee.
Before BRUNETTI, T.G. NELSON, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
AFFIRMED for the reasons given by the district court in its order of November
Page 976.
5, 2001. On remand, the district court shall amend its judgment to permit Fuller to move to reopen the case if the courts of the State of Idaho ultimately hold that he may not pursue a petition for writ of habeas corpus in those courts.
AFFIRMED and REMANDED with instructions.