Hart

ORDER

The panel withdraws the memorandum disposition filed on September 26, 2000. The attached disposition will be filed forthwith in its stead. Judge Fernandez would adhere to the previous disposition and, therefore, dissents.

Appellant’s petition for panel rehearing and rehearing en banc is DENIED as moot.

MEMORANDUM

Washington state prisoner Dan Hart appeals pro se the district court’s denial of *767 his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo, see Duhaime v. Ducharme, 200 F.3d 597, 600 (9th Cir.2000), and vacate and remand.

We granted a certifícate of appealability on the sole issue of whether Hart’s trial counsel was ineffective for failing to file a direct appeal. Subsequently, in Roe v. Flores-Ortega, 528 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), the Supreme Court expressly set forth the factors to consider in determining whether a defendant received ineffective assistance of counsel when no notice of appeal was filed on his behalf. See id. at 1035-38 (concluding that the district court must determine whether counsel failed to follow the defendant’s express instructions concerning an…