Paul Montanez v. T.L. Campbell

Filing 34

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fred W. Slaughter for MOTION to Dismiss 25 , Report and Recommendation 33 . THE COURT HEREBY ORDERS: (1) respondent's Motion to Dismiss the operative First Petition for Writ of Habeas Corpus by a Person in State Custody ("First Amended Petition") is granted and the First Amended Petition and this action are dismissed with prejudice because petitioner's claims are untimely. (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 PAUL MONTANEZ, 12 13 14 Case No. 2:23-cv-01058-FWS-JC Petitioner, v. 15 T.L. CAMPBELL, Warden, 16 17 18 19 20 ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. The Court has conducted the review required by 28 U.S.C. § 636 and accepts the findings, conclusions and recommendation of the Magistrate Judge reflected in the 21 August 16, 2024, Report and Recommendation of United States Magistrate Judge. 22 THE COURT HEREBY ORDERS: (1) respondent’s Motion to Dismiss the 23 24 25 26 27 28 operative First Petition for Writ of Habeas Corpus by a Person in State Custody (“First Amended Petition”) is granted and the First Amended Petition and this action are dismissed with prejudice because petitioner’s claims are untimely; and (2) Judgment shall be entered accordingly. 1 2 3 4 5 6 7 8 9 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Petitioner and counsel for Respondent. IT IS SO ORDERED. DATED: September 25, 2024 _________________________________ Honorable Fred W. Slaughter UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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