Arias

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAI NGUYEN, Case No. 2:23-cv-1086-DAD-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS ARIAS, Respondent. 16 17 On December 7, 2023, I recommended that petitioner’s second amended petition be dismissed without leave to amend. ECF No. 10. I made this recommendation because petitioner’s primary claim, that the state courts erred in rejecting his petition for resentencing under state law, was not a cognizable federal habeas claim. Id. at 1-2. I also found that petitioner’s allegations relating to the effectiveness of his counsel during those resentencing proceedings did not state a federal claim. Id. at 2. Finally, I determined that the denial of petitioner’s request for resentencing under California Senate Bill 1437 did not reset the statute of limitations and allow him to bring claims related to his original conviction, which was finalized in 2000. Id. at 2-3. Those recommendations were adopted by the…