Jones

Jones v. Ryan

Good Law
572 F. App'x 478
United States Court of Appeals for the Ninth CircuitMay 5, 201407-99000California111 words

Opinion

MEMORANDUM

We remand to the district court to consider, under Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309 , 182 L.Ed.2d 272 (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, 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.