PER CURIAM.
Lacey Mark Sivak appeals a district court order dismissing his appeal to that court for failure to file an appellate brief. Sivak had appealed a magistrate's order dismissing his petition for a writ of habeas corpus. He now contends that the district court abused its discretion by dismissing Sivak's appeal. For reasons to which we now turn, we agree that the appeal should not have been dismissed; but we further hold that the appeal was meritless.
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