Arias

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STERLING LAMONT AVERY, No. 2:23-cv-1612 DJC KJN P Petitioner, v. NOTICE TO PRO SE HABEAS

PETITIONER REGARDING

ROBERTO ARIAS, Warden, EXHAUSTION Respondent. 16 Petitioner is a state prisoner, proceeding pro se and in forma pauperis. On November 8, 2023, respondent filed a motion to dismiss alleging that petitioner’s claims five through ten are not exhausted. Petitioner’s opposition is due thirty days thereafter. (ECF No. 5.) Thus, petitioner is provided the following information in connection with exhaustion of state court remedies. 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 petitioners must exhaust claim by giving state courts the first opportunity to correct constitutional error); O’Sullivan v. Boerckel, 526 U.S.…