FILED: November 14, 2001

MICHAEL T. HERBST,

Appellant,

v.

ROBERT O. LAMPERT,
Superintendent,
Snake River Correctional Institution,

Respondent.

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

Argued and submitted August 13, 2001.

Bob Pangburn, Caldwell, Idaho, filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Haselton, Presiding Judge, and Deits, Chief Judge,* and Wollheim, Judge.

PER CURIAM