Acevedo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAI NGUYEN, Case No. 2:23-cv-01086-DAD-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THIS ACTION BE DISMISSED FOR

v. FAILURE TO STATE A VIABLE FEDERAL

HABEAS CLAIM

ACEVEDO, ECF No. 9 Respondent.

16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. This is the third petition that I have reviewed in this action; I found that the first two failed to state cognizable claims. ECF Nos. 6 & 8. Petitioner has now filed an amended petition that, like its predecessors, fails to state a cognizable claim. ECF No. 9. I now recommend that this action be dismissed. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner…