Bush

Bush v. Davis

Good Law
United States District Court, Northern District of CaliforniaDecember 1, 20203:20-cv-01254California1,475 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 NOLAN JAY BUSH, Case No. 20-cv-01254-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

RONALD DAVIS, Dkt. No. 11 Respondent.

9 INTRODUCTION Petitioner Nolan Jay Bush seeks federal habeas relief under 28 U.S.C. § 2254 from the state’s denial of his request to be resentenced under new state laws. He is not eligible for resentencing. Moreover, the state’s denial of his request presents a state law claim, which cannot constitute grounds for federal habeas relief. Both reasons require that I dismiss Bush’s petition for failure to state a claim for relief. BACKGROUND Pursuant to a plea agreement, on June 30, 2017, Bush pleaded guilty in the Sonoma County Superior Court to charges of robbery of an inhabited dwelling, fleeing a peace officer’s vehicle while driving recklessly, and possession of a firearm by a felon. (Pet., Dkt. No. 1 at 1-2.) He also admitted the truth of a five-year sentencing enhancement allegation for having a…

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