Hildreth

MEMORANDUM *

Mitchell appeals from the district court’s order dismissing his petition for writ of habeas corpus. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm in part, reverse in part, vacate in part, and remand.

The district court did not address the merits of Grounds 11(e) and 12(b) of Mitchell’s petition. We therefore vacate the district court’s order to the extent that it disposed of these grounds, and remand the petition for the district court’s initial consideration of these grounds.

We affirm the district court’s dismissal of Ground 4 as proeedurally barred. The state court properly dismissed this ground pursuant to Nevada Revised Statute § 34.810(l)(b)(2). Vang v. Nevada, 329 F.3d 1069, 1073-74 (9th Cir.2003) (holding that section 34.810 is an adequate and independent state ground). Mitchell’s reliance on Pellegrini v. State, 117 Nev. 860 , 34 P.3d 519 (2001) to distinguish Vang is unavailing because that case does not speak to the Nevada Supreme Court’s application of section 34.810 to non-capital cases, like the instant case. We reject Mitchell’s alternative argument that the procedural bar is excused because he is…