
    Steven Ray RITCHIE, Petitioner-Appellant, v. Leroy KIRKEGARD; Mike Batista, Respondents-Appellees.
    No. 14-35532.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Nov. 3, 2015.
    Filed Nov. 6, 2015.
    Colin M. Stephens, Smith & Stephens, P.C., Missoula, MT, for Petitioner-Appellant.
    C. Mark Fowler, Assistant Attorney General, State of Montana Office of the Attorney General, Helena, MT, for Respondents-Appellees.
    Before: FISHER, BERZON and WATFORD, Circuit Judges.
   MEMORANDUM

Petitioner Steven Ritchie appeals the dismissal of his federal habeas petition as untimely. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253.

At oral argument, the state conceded Ritchie’s petition was timely in light of Rogers v. Ferriter, 796 F.3d 1009 (9th Cir.2015). We therefore reverse the district court’s decision and remand for further proceedings.

REVERSED and REMANDED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     