Arias

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAI NGUYEN, No. 2:23-cv-01086-DAD-JDP (HC) Petitioner, v. ORDER DENYING PETITIONER’S MOTION

TO ALTER OR AMEND THE JUDGMENT

ARIAS, (Doc. Nos. 17, 19, 21, 23, 26) Respondent. 16 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 October 24, 2024, the court dismissed and closed this action due to petitioner’s failure to state a cognizable claim for federal habeas relief. (Doc. No. 15.) In particular, the court explained that petitioner’s attempts to recast the denial of his resentencing petition as a violation of his due process rights did not state a cognizable claim for federal habeas relief, that there is no federal constitutional right to counsel in resentencing proceedings, and that petitioner…