Acevedo

(HC) Nguyen v. Acevedo

Good Law
United States District Court, Eastern District of CaliforniaOctober 20, 20232:23-cv-01086California774 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAI NGUYEN, Case No. 2:23-cv-01086-DAD-JDP (HC) Petitioner, ORDER v. ACEVEDO, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing his initial petition, I found that it failed to state a cognizable habeas claim, and granted him leave to amend. ECF No. 6. He has now filed an amended petition that, like its predecessor, cannot proceed past screening. ECF No. 7. Petitioner did not use the federal habeas form, however, and, as a consequence, it is difficult to tell if any new claims are being raised in the amended petition that might, with elaboration, be cognizable. Specifically, I cannot tell if all petitioner’s arguments are related to the denial of his resentencing petition, or if some are now attacking the underlying conviction. Out of an abundance of caution, I will grant petitioner one final opportunity to amend. He is advised to use…

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