(HC) Embry v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONTY EMBRY, No. 1:21-cv-00082-NONE-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PETITIONER’S MOTION FOR A STAY,

DISMISSING PETITION FOR WRIT OF

R. JOHNSON, Warden of CSP-LAC, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO ASSIGN DISTRICT JUDGE FOR

Respondent. PURPOSE OF CLOSING CASE AND THEN

ENTER JUDGMENT AND CLOSE CASE

AND DECLINING TO ISSUE CERTIFICATE

OF APPEALABILITY

17 (Doc. Nos. 1, 3, and 10)

19 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition includes five claims for federal habeas relief that encompass alleged prosecutorial misconduct, ineffective assistance of counsel, and errors in jury instructions in connection with his underlying criminal conviction in state court, among other issues. On January 21, 2021, petitioner filed a…