(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN A. MONTGOMERY, 12 Petitioner, 13 14 No. 2:21-cv-2372 KJN P v. ORDER UNITED STATES OF AMERICA, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the Clerk of the Court is 19 directed to close this action and file the petition in petitioner’s federal criminal case, 2:16-cr-0055 20 KJM. In his petition, petitioner requests that he appear before “my federal judge to have my 21 22 probation violation heard while I’m currently serving a state sentence, and have the sentence run 23 concurrent or commenced the day I was incarcerated.” (ECF No. 1 at 3.) Attached to the petition 24 is a detainer based on violation of probation and/or supervised release issued by the United States 25 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 26 27 petitioner’s federal criminal case. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 2. The Clerk of the Court is directed to file the petition (ECF No. 1) in petitioner’s 4 5 The Clerk of the Court is directed to close this action; federal criminal case, 2:16-cr-0055 KJM. Dated: January 7, 2022 6 7 8 9 10 11 Mont2372.101a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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