United States District Court, D. Nevada
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.
Gonzalas' 28 U.S.C. § 2254 Habeas Corpus Petition is
before the Court on Respondents' Motion to Dismiss one
ground as unexhausted (ECF No. 20). Gonzalas opposed and
Respondents replied (ECF Nos. 30, 33).
Procedural History and Background
December 2007, a jury convicted Gonzalas of first-degree
murder with use of a deadly weapon. Ex. 35, ECF No.
The state district court sentenced him to life in prison with
the possibility of parole, with an equal and consecutive term
for the deadly weapon. Ex. 44, ECF No. 25.
Supreme Court of Nevada affirmed Gonzalas' conviction and
affirmed the denial of his state postconviction habeas
petition. Ex. 81, ECF No. 27; Ex. 153, ECF No. 29.
dispatched his federal habeas petition for filing about May
25, 2017. ECF No. 8. This Court granted his Motion for
Appointment of Counsel, and Gonzalas filed an Amended
Petition through counsel. ECF No. 18. Respondents now move to
dismiss ground A(3) as unexhausted. ECF No. 20 at 6-7.
Legal Standards & Analysis
point out that Petitioner has acknowledged that ground A(3)
is unexhausted. Id. at 7.
prisoners seeking federal habeas relief must comply with the
exhaustion rule codified in 28 U.S.C. § 2254(b)(1):
An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court
shall not be granted unless it appears that -
(A) The applicant has exhausted the remedies available in the
courts of the State; or
(B) (i) there is an absence of available State corrective
(ii) circumstances exist that render such process ineffective
to protect the ...