                 FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

MAXWELL HOFFMAN,                          No. 02-99004
             Petitioner-Appellant,
                                              D.C. No.
               v.
                                          CV-94-00200-S-
ARVON J. ARAVE, Warden, Idaho                  BLW
Maximum Security Institution,             District of Idaho,
Department of Correction, State of              Boise
Idaho,
                                               ORDER
             Respondent-Appellee.
                                     
                    Filed March 3, 2008

     Before: Harry Pregerson, William A. Fletcher, and
             Ronald M. Gould, Circuit Judges.


                          ORDER

   The order filed on February 14, 2008, is hereby designated
for publication.




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