Bremer

MEMORANDUM **

Brian Bremer appeals the district court’s grant of summary judgment to Warden Joe Klauser and the State of Idaho, in this lawsuit filed under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Bremer’s petition contended that he was entitled to relief on four grounds: (1) that he was mentally incompetent when he entered his guilty plea; (2) that his due process rights were violated when the state trial court accepted his guilty plea despite the testimony of two psychologists that he was mentally incompetent; (3) that his counsel provided ineffective assistance of counsel during proceedings related to his guilty plea; and (4) that the trial court erred in convicting and sentencing Bremer *619 in light of the testimony of the two psychologists.

The district court determined that Bremer’s first two claims were procedurally defaulted because they were never presented to the Idaho Supreme Court. Although Bremer (through counsel) filed a petition for review with the Idaho Supreme Court in his post-conviction proceedings asserting his first two claims, that court dismissed his petition as untimely under Idaho Appellate Rule 118. The…