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6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

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9 CLIFTON D. DAWSON, Case No. 2:20-cv-02265-KJD-VCF

10 Petitioner, ORDER v. 11 STATE OF NEVADA, et al., 12 Respondents. 13 14 Clifton D. Dawson, a pretrial detainee, has submitted a pro se habeas corpus 15 petition pursuant to

(ECF No. 1-1). His application to proceed in 16 forma pauperis is granted. The court has reviewed the petition, and it will be dismissed 17 without prejudice because Dawson has not presented his claims to the highest state 18 court. 19 A federal court will not grant a state prisoner’s petition for habeas relief until the 20 prisoner has exhausted his available state remedies for all claims raised. Rose v. 21 Lundy,

(1982);

(b). A petitioner must give the state 22 courts a fair opportunity to act on each of his claims before he presents those claims in 23 a federal habeas petition. O’Sullivan v. Boerckel,

(1999); see also 24 Duncan v. Henry,

(1995). A claim remains unexhausted until the 25 petitioner has given the highest available state court the opportunity to consider the 26 claim through direct appeal or state collateral review proceedings. See Casey v. Moore, 27

(9th Cir. 2004); Garrison v. McCarthey,

(9th Cir. 1981). 1 Here, petitioner, who is represented by the public defender in his state criminal 2 proceedings, states on the face of his petition that he has not raised his claim that 3 prosecutors are withholding exculpatory evidence in violation of Brady v. Maryland, 373

(1963), to the state courts. The petition, therefore, is unexhausted. 5 Accordingly, this federal petition is dismissed without prejudice to petitioner filing 6 a new federal habeas petition, in a new case with a new case number and a new, 7 completed application to proceed in forma pauperis with the required financial 8 information or the $5.00 filing fee. 9 IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma 10 pauperis (ECF No. 1) is GRANTED. 11 IT IS FURTHER ORDERED that the Clerk detach, file, and ELECTRONICALLY 12 SERVE the petition (ECF No. 1-1) on the respondents, for informational purposes only. 13 IT IS FURTHER ORDERED that the Clerk add Aaron D. Ford, Nevada Attorney 14 General, as counsel for respondents and provide respondents an electronic copy of all 15 items previously filed in this case by regenerating the Notice of Electronic Filing to the 16 office of the AG only. 17 IT IS FURTHER ORDERED that this action is DISMISSED without prejudice as 18 set forth in this order. 19 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 20 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and 21 close this case. 22

23 DATED: 28 January 2021. 24

25 KENT J. DAWSON UNITED STATES DISTRICT JUDGE 26 27