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Jones v. Ryan

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

May 5, 2014

Judgment

CaseIQ

NOT FOR PUBLICATION
MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Appeal from the United States District Court
for the District of Arizona Susan R. Bolton, District Judge, Presiding
Argued and Submitted August 13, 2013
San Francisco, California

Before: REINHARDT, HAWKINS, and THOMAS, Circuit Judges.

We remand to the district court to consider, under Martinez v. Ryan, 132 S. Ct. 1309 (2012) and Dickens v. Ryan, 740 F.3d 1302 (9th Cir. 2014) (en banc), Jones's argument that his ineffective assistance of counsel claims are unexhausted, and therefore procedurally defaulted, and that deficient performance by his counsel during his post-conviction relief case in state court excuses the default.

We express no opinion on any other issue raised on appeal. Those issues are preserved for later consideration by the Court, if necessary.

REMANDED.