JONES V. RYAN, No. 07-99000 (9th Cir. 2014)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 05 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DANNY LEE JONES, Petitioner - Appellant, No. 07-99000 D.C. No. CV-01-00384-SRB v. MEMORANDUM* CHARLES L. RYAN, Respondent - Appellee. 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, * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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. 2
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