BELGARDE v. STATE OF MONT.

No. 96-35447.

123 F.3d 1210 (1997)

Gilbert BELGARDE, Petitioner-Appellant, v. STATE OF MONTANA; Montana Supreme Court; Yellowstone County, Thirteenth Judicial District Court, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1997.


Attorney(s) appearing for the Case

Gilbert Belgarde, Box Elder, MT, pro se.

Jennifer M. Anders, Assistant Attorney General, Helena, MT, for respondents-appellees.

Before: CHOY, FERGUSON, and WIGGINS, Circuit Judges.


CHOY, Circuit Judge:

Gilbert Belgarde appeals pro se the district court's grant of summary judgment in favor of the State of Montana, et al., in his 28 U.S.C. § 2254 petition for writ of habeas corpus. While we hold that Belgarde's constitutional claims are meritless, we write to emphasize that the district court properly exercised jurisdiction over Belgarde's habeas petition.

Factual and Procedural Background

Gilbert Belgarde was involved in...

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