(HC) Montgomery v. USA

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2022 ORDERING The Clerk of the Court is directed to close this action. The clerk of the Court is directed to file the petition #1 in petitioner's federal criminal case, 2:16-CR-0055 KJM. CASE CLOSED(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUSTIN A. MONTGOMERY,

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Petitioner,

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No. 2:21-cv-2372 KJN P

v.

ORDER

UNITED STATES OF AMERICA,

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Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the Clerk of the Court is

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directed to close this action and file the petition in petitioner’s federal criminal case, 2:16-cr-0055

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KJM.
In his petition, petitioner requests that he appear before “my federal judge to have my

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probation violation heard while I’m currently serving a state sentence, and have the sentence run

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concurrent or commenced the day I was incarcerated.” (ECF No. 1 at 3.) Attached to the petition

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is a detainer based on violation of probation and/or supervised release issued by the United States

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Marshal on November 30, 2020, in petitioner’s federal criminal case, 2:16-cr-0055 KJM.
The undersigned finds that the request made in the instant petition should be raised in

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petitioner’s federal criminal case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. The Clerk of the Court is directed to file the petition (ECF No. 1) in petitioner’s

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The Clerk of the Court is directed to close this action;

federal criminal case, 2:16-cr-0055 KJM.
Dated: January 7, 2022

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Mont2372.101a

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