Samuel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Paul Patrick Jolivette, No. 2:23-cv-01732-KIM-DMC Petitioner, ORDER v. Danny Samuel, 15 Respondent. 16 Petitioner seeks permission from the court to reopen this habeas corpus action brought under 28 U.S.C. § 2254. See Mot., ECF Nos. 38. The court construes this request as a motion to 19 reconsider. For the reasons set forth below, the court denies petitioner’s motion. Petitioner, a state prisoner proceeding pro se, petitioned for a writ of habeas corpus on August 16, 2023. See Pet., ECF, No. 1. On June 25, 2024, the Magistrate Judge recommended the case be dismissed as state court proceedings relating to petitioner’s resentencing were not yet 23 final. See F&R at 2, ECF No. 30. The court adopted the Magistrate Judge’s Findings and Recommendations in full and issued a judgment in favor of defendant. See Order (Sept. 16, 2024), ECF Nos. 34-35. Petitioner objected to the judgment on October 15, 2024. ECF No. 38. …