Veta

MEMORANDUM **

While a state pretrial detainee in Arizona, Jeffrey Noem Veta filed a habeas petition pursuant to 28 U.S.C. § 2241 , seeking the dismissal of the state indictment against him. Veta alleged that his Sixth Amendment rights to a speedy trial and to counsel, his rights under the Interstate Agreement on Detainers Act and his right to due process were violated when he was not brought to trial within 120 days of his extradition from federal custody in February 2002. The district court denied Veta’s petition without prejudice on November 21, 2002.

Veta appealed to this court. On March 8, 2004, Veta filed a motion seeking expedited disposition of his federal appeal and a stay of the state court proceedings. We denied the motion on March 12, 2004. Veta’s state trial subsequently began, and the jury returned a guilty verdict on four *806 counts of the state indictment on May 3, 2004.

State habeas petitions are subject to an exhaustion requirement, either a prudential one under 28 U.S.C. § 2241 or a statutory one under 28 U.S.C. § 2254 (b). See Castro-Cortez v. INS, 239 F.3d 1037 , 1047 (9th Cir.2001). The district court did not decide whether Veta had exhausted his state…