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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RASHID DESHAWN DEARY-SMITH, No. 2:20-cv-00572 KJM AC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 STUART SHERMAN, et al., 15 Respondents. 16 17 Petitioner is a former state prisoner proceeding through retained counsel in this habeas 18 corpus action filed pursuant to 28 U.S.C. § 2254. In August 2021, the case was stayed pending 19 resolution of petitioner’s resentencing proceedings in state court. ECF No. 29. Petitioner was 20 granted partial relief in state court and was resentenced to time served on September 1, 2023. 21 ECF No. 47 at 3. The stay of this action was therefore lifted on October 23, 2023. ECF No. 42. 22 I. Procedural History 23 At the time that the stay was lifted, counsel for petitioner was directed to file a second 24 amended § 2254 petition within 30 days limited to any claims challenging petitioner’s remaining 25 convictions for burglary and felon in possession of a firearm. ECF No. 42. Following an 26 extension of time,…