Montgomery v. Perry

Filing 56

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/17/2021 GRANTING 53 Findings and Recommendations in full; DISMISSING 1 Petition for Writ of Habeas Corpus without prejudice for failure to prosecute; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON MONTGOMERY,

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Petitioner,

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No. 2:15-cv-1220 KJM AC P

v.

ORDER

S. PEERY,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 21, 2020, the magistrate judge filed findings and recommendations, which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within twenty-one days. ECF No. 53. Petitioner

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has filed objections to the findings and recommendations, but has not explained why his petition

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should not be dismissed for failure to prosecute. ECF No. 54.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 21, 2020, are adopted in full;

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2. Petitioner’s petition for writ of habeas corpus (ECF No. 1) is dismissed without

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prejudice for failure to prosecute; and

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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C.

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§ 2253.

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DATED: March 17, 2021.

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