Full text
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANNY LEE JONES,
Petitioner - Appellant,
v.
CHARLES L. RYAN,
Respondent - Appellee.
No. 07-99000
D.C. No. CV-01-00384-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Argued and Submitted August 13, 2013
San Francisco, California
Before: REINHARDT, HAWKINS, and THOMAS, Circuit Judges.
We remand to the district court to consider, under Martinez v. Ryan, 132 S.
Ct. 1309 (2012) and Dickens v. Ryan, 740 F.3d 1302 (9th Cir. 2014) (en banc),
Jones’s argument that his ineffective assistance of counsel claims are unexhausted,
FILED
MAY 05 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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and therefore procedurally defaulted, and that deficient performance by his counsel
during his post-conviction relief case in state court excuses the default.
We express no opinion on any other issue raised on appeal. Those issues are
preserved for later consideration by the Court, if necessary.
REMANDED.
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