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