Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT ARTHUR CLARK, No. 23-cv-1088 DAD KJN P Petitioner, v. ORDER AND NOTICE TO PRO SE

HABEAS PETITIONER REGARDING

COVELLO, EXHAUSTION Respondent. 16 Petitioner is a state prisoner, proceeding pro se. On September 18, 2023, respondent filed a motion to dismiss. Petitioner was advised in the July 19, 2023 order that his opposition to the motion is due thirty days from the date any motion to dismiss was filed. (ECF No. 9.) Respondent alleges that petitioner failed to exhaust his state court remedies as to the ineffective assistance of trial counsel claim (first claim), arguing petitioner’s first claim was not presented to the California Supreme Court. Federal law requires any habeas claim to be presented first to the state courts in order to correct any constitutional error. See 28 U.S.C. § 2254(b)(1)(A); see also Rose v. Lundy, 455 U.S. 509, 515-16 (1982) (explaining why federal habeas…