Sivak v. Ada County

BURNETT, Judge.

Lacey Sivak seeks our review of a district court order dismissing his appeal from a magistrate’s judgment that denied his petition for a writ of habeas corpus. The district court dismissed the appeal solely because Sivak had not provided a transcript of an evidentiary hearing conducted by the magistrate. For reasons explained below, we vacate the district court’s order of dismissal, and we remand the case.

Sivak is a state prisoner who was confined for a time at the Ada County jail. His petition alleged that during this period of confinement, jail personnel took prescription…