Barillas

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE HUMBERTO BARILLAS, Case No. 22-cv-02957-AMO (PR)

8 Petitioner, ORDER OF DISMISSAL WITHOUT

PREJUDICE

9 v.

10 JAMES S. HILL, Warden, Respondent. 11

12 Petitioner Jose Humberto Barillas, a state prisoner, filed a pro se petition for a writ of 13 habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state conviction of multiple crimes for 14 sexually abusing a child. 15 In an Order dated December 7, 2023, the Court granted Respondent’s motion to dismiss 16 petition upon concluding that the petition was mixed, that is, that it contained both exhausted and 17 unexhausted issues. Dkt. 22. Generally, a federal district court must dismiss a federal habeas 18 petition that contains claims for which state remedies have not been exhausted. See Rose v. 19 Lundy, 455 U.S. 509, 522 (1982). However, instead of an outright dismissal of the action, the 20 Court allowed Barillas to choose whether he wanted to “(1) file an amended petition that 21 include[d] only his two exhausted claims…