Montalvo

Montalvo v. Spencer

Good Law
United States District Court, Southern District of CaliforniaAugust 31, 20203:18-cv-01336California4,415 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID MONTALVO, III, Case No.: 18-cv-1336 GPC BLM

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

THE HONORABLE RICHARD V. [ECF No. 1] SPENCER, Secretary of the Navy, 15 Respondent. 16 17 Petitioner David Montalvo, III, (“Petitioner”) is currently in the custody of the United States Department of Navy. ECF No. 1 ⁋ 5. On June 20, 2018, Petitioner filed a petition for writ of habeas corpus. Id. He seeks to “reverse, overturn, and vacate” his general court-martial conviction of two specifications of rape and its accompanying nine years of confinement and dishonorable discharge. Id. at 1; ⁋ 6. On August 9, 2018, Respondent, the Honorable Richard V. Spencer, Secretary of the Navy (“Respondent”), filed a response. ECF No. 7. On September 6, 2018, Petitioner filed a reply. ECF No. 8. The Court decides the matter on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d)(1). For the…

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