Lozano

(HC) Montgomery v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaJuly 27, 20202:20-cv-00515California1,734 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRY LEE MONTGOMERY, No. 2:20-cv-0515 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JARED LOZANO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and an application to proceed in forma pauperis. I. Application to Proceed In Forma Pauperis Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. ECF No. 2. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). II. Procedural History In 2000, petitioner was sentenced on his 1999 convictions for attempted murder, assault with a firearm, and being a felon in possession of a firearm in Case No. VC49034, and on his 1996 conviction for sale of a controlled substance in Case No. VC41797. ECF No. 1 at 1, 14, 22. He received a total sentence of thirty…

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