Perry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AARON MONTGOMERY, No. 2:15-cv-1220 KJM AC P Petitioner, v. ORDER and FINDINGS AND

RECOMMENDATIONS

S.PERRY, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2245. For the reasons set forth below, the undersigned recommends that the district court dismiss this action without prejudice for failure to prosecute. I. Background Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner was convicted by a jury of sexual intercourse by force, oral copulation by force, and genital penetration with a foreign object by force. See id. at 2; see also People v. Aaron Boone Montgomery, No. C067823, 2013 WL 6255704, at *1 (Cal. Ct. App. Dec. 4, 2013). Petitioner alleges he appealed his state court case on the grounds that the judge failed to instruct the jury on 26 United States ex rel.…