Gallegos v. Shinn

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael Gallegos, No. CV-01-01909-PHX-NVW 10 Petitioner, ORDER 11 v. 12 David Shinn, et al., 13 Respondents. 14 15 This case is on remand from the Ninth Circuit Court of Appeals. (Doc. 131.) The 16 Court is directed to consider whether Gallegos can demonstrate, pursuant to Martinez v. 17 Ryan,

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(2012), cause and prejudice to excuse the procedural default of his claim 18 that counsel failed to investigate and present mitigating evidence of Gallegos’s organic 19 brain damage. (Id.) The issue has been…