Jessie Horn v. W. Montgomery

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2019 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JESSIE RAY LYNN HORN, No. 17-56658 Petitioner-Appellant, D.C. No. 3:14-cv-03030-BTM-BGS v. W. L. MONTGOMERY, Acting Warden, MEMORANDUM* Respondent-Appellee.

Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, District Judge, Presiding

Submitted April 17, 2019** Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

Jessie Ray Lynn Horn appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. Pursuant to Anders v. California, 386 U.S. 738 (1967), Horn’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Horn has filed two pro se

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

supplemental briefs, which we have considered. No answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80 (1988), discloses that the certified issues provide no basis for appellate relief. See Graves v. McEwen, 731 F.3d 876, 880-81 (9th Cir. 2013).

Counsel’s motion to withdraw is GRANTED.

All other pending motions are denied.

AFFIRMED.

2 17-56658