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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RASHID DESHAWN DEARY-SMITH, No. 2:20-cv-00572 KJM AC Petitioner, v. FINDINGS AND RECOMMENDATIONS STUART SHERMAN, et al., Respondents. 16 Petitioner is a former state prisoner proceeding through retained counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. In August 2021, the case was stayed pending resolution of petitioner’s resentencing proceedings in state court. ECF No. 29. Petitioner was granted partial relief in state court and was resentenced to time served on September 1, 2023. ECF No. 47 at 3. The stay of this action was therefore lifted on October 23, 2023. ECF No. 42. I. Procedural History At the time that the stay was lifted, counsel for petitioner was directed to file a second amended § 2254 petition within 30 days limited to any claims challenging petitioner’s remaining convictions for burglary and felon in possession of a firearm. ECF No. 42. Following an extension of time,…