Covello

I. Background

22 Petitioner is serving a 175-years-to-life sentence following his conviction on five counts 23 of residential burglary (enhanced due to prior convictions, among other things). ECF Nos. 1 at 1, 24 12-1 at 1, 12-2 at 2-3. The sentence was largely affirmed on direct appeal to the California Court 25 of Appeal, and the state supreme court denied petitioner’s request for review on September 29, 26 2021. ECF Nos. 12-2. 12-3, 12-4. Petitioner did not file any state habeas actions. He filed the 27 instant case on December 9, 2021. ECF No. 1. 28 II. Analysis A district court may not grant a petition for a writ of habeas corpus unless the petitioner has exhausted available state court remedies. 28 U.S.C. § 2254(b)(1). A state will not be deemed to have waived the exhaustion requirement unless the state, through counsel, expressly waives the requirement. 28 U.S.C. § 2254(b)(3). Exhaustion of state remedies requires that petitioners fairly present federal claims to the highest state court, either on direct appeal or through state collateral proceedings, in order to give the highest state court “the opportunity to pass upon and…