Merrifield v. Arave

WALTERS, Chief Judge.

This is an appeal in a habeas corpus proceeding. John Merrifield, an inmate of a state penal institution, seeks review of a magistrate’s order dismissing Merrifield’s petition for a writ of habeas corpus. The magistrate’s order was upheld on an intermediate appeal to the district court. The dismissal order was entered upon the pleadings, affidavits and documents submitted by the parties after the Respondents moved for dismissal on the ground that the petition failed to state a claim upon which relief could be granted. Pursuant to the Idaho Rules of Civil Procedure…