Jonathan Dewitt McDowell v. W. L. Montgomery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JONATHAN MCDOWELL, Case No. 5:18-cv-01057-MWF-MAA Petitioner, ORDER DISMISSING PETITION
AND DISMISSING ACTION
v.
WITHOUT PREJUDICE
WARDEN W.L. MONTGOMERY, Respondent. 16 17 I. INTRODUCTION AND BACKGROUND On May 16, 2018, the Court received and filed Petitioner Jonathan McDowell’s (“Petitioner”) pro se Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). (Pet., ECF No. 1.) The Court received and filed Petitioner’s operative First Amended Petition (“FAP”) on June 22, 2021. (FAP, ECF No. 46.) On August 19, 2021, Respondent filed a Motion to Dismiss the FAP (“Motion”). (Mot., ECF No. 50.) Petitioner’s Opposition to the Motion was due no later than thirty days after service of the Motion. (See ECF No. 45 at 3.)1 27 1 Pinpoint citations of filings in this Order refer to the page numbers appearing in the ECF-generated headers. On October 26, 2021, in the absence of a filed…