David Johnson v. Josh Tewalt

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 2 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID LEON JOHNSON, No. 22-35237

Petitioner-Appellant, D.C. No. 1:18-cv-00216-DCN

v.

MEMORANDUM*

JOSH TEWALT, Director of the Idaho Department of Corrections; CARMEN DYAS, Senior Probation Officer for Interstate Compact Parolees, also with the Idaho Department of Correction,

Respondents-Appellees.

Appeal from the United States District Court for the District of Idaho David C. Nye, Chief District Judge, Presiding

Argued and Submitted April 11, 2023 Seattle, Washington

Before: BYBEE and FORREST, Circuit Judges, and SEEBORG,** District Judge.

David Johnson appeals the district court’s denial and dismissal with

prejudice of his petition for a writ of habeas corpus. Johnson claims that, after his

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard Seeborg, Chief United States District Judge for the Northern District of California, sitting by designation.…