Barillas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE HUMBERTO BARILLAS, Case No. 22-cv-02957-AMO (PR)

Petitioner, ORDER OF DISMISSAL WITHOUT

PREJUDICE

v.

JAMES S. HILL, Warden, Respondent.

Petitioner Jose Humberto Barillas, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state conviction of multiple crimes for sexually abusing a child. In an Order dated December 7, 2023, the Court granted Respondent’s motion to dismiss petition upon concluding that the petition was mixed, that is, that it contained both exhausted and unexhausted issues. Dkt. 22. Generally, a federal district court must dismiss a federal habeas petition that contains claims for which state remedies have not been exhausted. See Rose v. Lundy, 455 U.S. 509, 522 (1982). However, instead of an outright dismissal of the action, the Court allowed Barillas to choose whether he wanted to “(1) file an amended petition that include[d] only his two exhausted claims…