Bush
Bush v. Davis
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…