(HC)Prado

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALEJANDRO PRADO, Case No. 1:23-cv-01521-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

DANIEL E. CUEVA, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent.

16 Petitioner Alejandro Prado is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the instant petition fails to state a cognizable federal habeas claim, the undersigned recommends dismissal of the petition. I. BACKGROUND On December 5, 2021, Petitioner filed an application for authorization to file a second or successive 28 U.S.C. § 2254 petition and a proposed petition in the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit deemed the application unnecessary because Petitioner’s claims regarding the denial of resentencing under California Penal Code § 1170.95 did not become…