Barretto v. Giurbino
Barretto v. Giurbino
Opinion of the Court
MEMORANDUM
We construe Barretto’s federal habeas petition to include the following unexhausted claim — that Barretto received ineffective assistance of counsel because his attorney failed to initiate plea bargain discussions. Because that claim was not brought in state court, we cannot adjudicate Barretto’s mixed petition. See 28 U.S.C. § 2254(b)(1)(A).
The district court shall direct petitioner to pursue his unexhausted claim in state court within 30 days of the district court’s entering of the stay, and shall further direct petitioner to return to federal court within 30 days after state court exhaustion is completed.
VACATED AND REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.