Idaho Court of Appeals January 18, 1996, 22267 (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.