Jessie Ray Lynn Horn v. W. L. MONTGOMERY, Acting Warden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESSIE RAY LYNN HORN,
Petitioner-Appellant,
v.
W. L. MONTGOMERY, Acting Warden,
Respondent-Appellee.
No. 17-56658
D.C. No. 3:14-cv-03030-BTM-BGS
MEMORANDUM*
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).
FILED
APR 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-56658
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.

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