Court of Appeals for the Ninth Circuit December 20, 2002, No. 01-55645; D.C. No. CV-99-11511-GHK(JWJ) (Mejia v. Terhune)

MEMORANDUM*

1. The district court erred by failing to “actually exercise[ ] its discretion” when it refused to consider petitioner’s claim, raised in his objections to the magistrate’s Report and Recommendation, that the prison library didn’t have a copy of AEDPA. Brown v. Roe, 279 F.3d 742, 745 (9th Cir.2002) (internal quotation marks omitted).