1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 HECTOR GODINEZ, Case No. 2:21-cv-09579-SSS-RAO

12 Petitioner, ORDER ACCEPTING FINDINGS, CONCLUSIONS, 13 v. AND RECOMMENDATIONS OF UNITED STATES 14 WARDEN, MAGISTRATE JUDGE 15 Respondent. 16 17 18 Pursuant to

, the Court has reviewed the Petition, all of the 19 records and files herein, and the Magistrate Judge’s Report and Recommendation 20 (“Report”). The time for filing objections to the Report has passed, and no objections 21 have been received. The Court hereby ADOPTS and ACCEPTS the findings, 22 conclusions, and recommendations of the Magistrate Judge. For completeness, the 23 Court notes that, to the extent Petitioner has raised a cognizable procedural due 24 process argument, see Clayton v. Biter,

(9th Cir. 2017) (suggesting 25 that a cognizable federal procedural due process claim might exist where state court 26 denied a resentencing petition under California Penal Code section 1170.126 without 27 a hearing), the Court has considered the claim on the merits and finds it does not 28 warrant federal habeas relief. 1 IT IS ORDERED that the Petition is DENIED, and Judgment shall be 2 || entered DISMISSING this action with prejudice. 3 4 || Date: March 30, 2023 AZ C ° SUNSHINE S°SYKES 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28