Roper

MEMORANDUM **

William Roper appeals from the district court’s order denying his petition for a writ of habeas corpus on the merits. 1 As to the one claim certified for appeal, Ground 2(C), Mr. Roper contends that he is entitled to relief because he received ineffective assistance of counsel. The Government argues that the district court erred in reaching the merits of Ground 2(C). It contends that Ground 2(C) is unexhausted because it was never fairly presented to the Nevada state courts. We agree with the Government and dismiss. We have jurisdiction under 28 U.S.C. § 1291 and 28 U.S.C. § 2253 (a).

I

The district court judge erred in concluding Ground 2(C) was exhausted because it was never fairly presented to the Nevada state courts. In order for a claim to be fairly presented, a petitioner must present the state court with a reference to a specific federal constitutional guarantee, as well as a statement of the facts entitling a petitioner to relief. Gray v. Netherland, 518 U.S. 152, 163 , 116 S.Ct. 2074 , 135 L.Ed.2d 457 (1996) (citation omitted). Mr. Roper’s state petition did not include any factual allegations to support his constitutional claims for ineffective…