Lacey Sivak v. Jay Christensen

FILED

NOT FOR PUBLICATION

JAN 12 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LACEY MARK SIVAK, No. 19-35713

Petitioner-Appellant, D.C. No. 1:16-cv-00189-BLW

v.

MEMORANDUM*

JAY CHRISTENSEN,

Respondent-Appellee.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Argued and Submitted November 9, 2021 Portland, Oregon

Before: GRABER and CHRISTEN, Circuit Judges, and R. COLLINS,** District Judge. Concurrence by Judge CHRISTEN

Petitioner Lacey Sivak, an Idaho state prisoner, appeals the district court’s

dismissal of his petition for habeas corpus brought under 28 U.S.C. § 2254.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Raner C. Collins, United States District Judge for the District of Arizona, sitting by designation. Reviewing de novo questions of law, Rhoades v. Henry, 638 F.3d 1027, 1034 (9th

Cir. 2011), we reverse and remand.

1. The issues were adequately preserved. See Kamen…