Arias

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAI NGUYEN, No. 2:23-cv-01086-DAD-JDP Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

ACEVEDO, PETITION FOR WRIT OF HABEAS

CORPUS, AND DENYING MOTION TO

Respondent. APPOINT COUNSEL (Doc. Nos. 9, 10, 14)

18 Petitioner Dai Nguyen is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 7, 2023, the assigned magistrate judge issued findings and recommendations, recommending that the pending second amended petition for federal habeas relief be dismissed without leave to amend for failure to state a cognizable claim for federal habeas relief (Doc. No. 10 at 3), largely on the same grounds upon which the magistrate judge 26 …