Lamartice Wright v. Nethanjah Breitenbach

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 6 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LAMARTICE WRIGHT, No. 22-16456

Petitioner-Appellant, D.C. No. 2:18-cv-02136-RCJ-VCF v.

NETHANJAH BREITENBACH; MEMORANDUM*

ATTORNEY GENERAL FOR THE STATE

OF NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding

Submitted October 9, 2024** Las Vegas, Nevada

Before: CHRISTEN, BENNETT, and MILLER, Circuit Judges. Dissent by Judge CHRISTEN.

Lamartice Wright appeals from the district court’s denial of his 28 U.S.C.

§ 2254 habeas petition. The only issue is “whether the district court properly

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). dismissed Claims 2 and 3 as unexhausted.” Dkt. No. 3. Both claims are ineffective

assistance of counsel (“IAC”)…