Opinion
No. 14-35532
11-06-2015
STEVEN RAY RITCHIE, Petitioner - Appellant, v. LEROY KIRKEGARD; MIKE BATISTA, Respondents - Appellees.
NOT FOR PUBLICATION
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.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. --------
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.