Mario Orlando Montano v. Cynthia Tampkins

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MARIO ORLANDO MONTANO, Case No. 8:20-cv-00350-JLS-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

CYNTHIA Y. TAMPKINS, Warden, SUMMARILY DISMISSED

Respondent.

I.

INTRODUCTION

Petitioner filed a Petition for Writ of Habeas Corpus by a person in state custody pursuant to 28 U.S.C. § 2254 (the “Petition”) challenging his 2017 convictions for assaulting A.P. (1) with intent to commit rape, and (2) with force likely to produce great bodily injury. (Dkt. 1 at 2.1) Petitioner’s claims for relief all concern the admission of testimony by R.S. – a young woman who testified that Petitioner assaulted her in a prior incident in 1992.

1 Docket page cites refer to the pagination imposed by the Court’s e-filing system. 28 Under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, if “it plainly appears from the petition and any…