
    Ruple Marx SMITH, Petitioner—Appellant, v. Frank LUNA; Warden, et al., Respondents—Appellees.
    No. 04-35549. D.C. No. CV-04-00084-JWS.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 14, 2005.
    
    Decided June 17, 2005.
    Ruple Marx Smith, Florence, AZ, pro se.
    Before KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Alaska state prisoner Ruple Marx Smith appeals pro se the district court’s order dismissing as untimely his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253.

Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm for the reasons stated by the district court.

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     