Mario Orlando Montano v. Cynthia Tampkins
Opinion
trial_court Opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 MARIO ORLANDO MONTANO, Case No. 8:20-cv-00350-JLS-KES
12 Petitioner,
ORDER TO SHOW CAUSE WHY
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PETITION SHOULD NOT BE
14 CYNTHIA Y. TAMPKINS, Warden, SUMMARILY DISMISSED
15 Respondent.
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18 I.
19 INTRODUCTION
20 Petitioner filed a Petition for Writ of Habeas Corpus by a person in state 21 custody pursuant to 28 U.S.C. § 2254 (the “Petition”) challenging his 2017 22 convictions for assaulting A.P. (1) with intent to commit rape, and (2) with force 23 likely to produce great bodily injury. (Dkt. 1 at 2.1) Petitioner’s claims for relief all 24 concern the admission of testimony by R.S. – a young woman who testified that 25 Petitioner assaulted her in a prior incident in 1992. 26
27 1 Docket page cites refer to the pagination imposed by the Court’s e-filing system. 28 1 Under Rule 4 of the Rules Governing Section 2254 Cases in the United 2 States District Courts, if “it plainly appears from the petition and any…