Jovanny Theus v. Warren L. Montgomery
Opinion
trial_court Opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 Case No. 2:19-cv-08160-DOC-KES 11 JOVANNY THEUS,
12 Petitioner, FINAL REPORT AND
13 v. RECOMM ENDATION OF U.S.
MAGISTRATE JUDGE
14 WARREN L. MONTGOMERY,
15 Warden,
16 Respondent.
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19 This Final Report and Recommendation (“R&R”) is submitted to the
20 Honorable David O. Carter, United States District Judge, pursuant to the provisions 21 of 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for 22 the Central District of California. 23 I. 24 INTRODUCTION 25 Jovanny Theus (“Petitioner”) challenges his state court convictions for 26 robbery, kidnapping, and sex crimes. The Magistrate Judge dismissed the initial 27 petition (“Petition” at Dkt. 1) with leave to amend, noting that it was improperly 28 1 filed under § 2241 rather than § 2254 and appeared to be untimely. (Dkt. 5.) 2 Petitioner filed a First Amended Petition (“FAP” at Dkt. 6), which fails to cure the…