HORN v. MONTGOMERY (2019)

United States Court of Appeals, Ninth Circuit.

Jessie Ray Lynn HORN, Petitioner-Appellant, v. W. L. MONTGOMERY, Acting Warden, Respondent-Appellee.

No. 17-56658

Decided: April 24, 2019

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

Jessie Ray Lynn Horn, Pro Se Vincent P. LaPietra, Deputy Attorney General, Adrianne S. Denault, Esquire, Deputy Attorney General, AGCA - Office of the Attorney General, San Diego, CA, for Respondent - Appellee

MEMORANDUM **

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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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