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)

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