Paul Montanez v. T.L. Campbell
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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11 PAUL MONTANEZ,
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Case No. 2:23-cv-01058-FWS-JC
Petitioner,
v.
15 T.L. CAMPBELL, Warden,
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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
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August 16, 2024, Report and Recommendation of United States Magistrate Judge.
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THE COURT HEREBY ORDERS: (1) respondent’s Motion to Dismiss the
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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.
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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
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