Peter Munoz, Jr. v. Gregory Smith

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER J. MUNOZ, JR., No. 20-16327 Petitioner-Appellant, D.C. No. v. 3:11-cv-00197-

LRH-RAM

GREGORY SMITH, Warden; ATTORNEY

GENERAL FOR THE STATE OF NEVADA, OPINION

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted June 18, 2021 San Francisco, California

Filed November 15, 2021

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Douglas L. Rayes, * District Judge.

Opinion by Judge Bress

* The Honorable Douglas L. Rayes, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Habeas Corpus

Vacating the district court’s order denying on the merits Peter J. Munoz, Jr.’s federal habeas corpus petition challenging the lifetime supervision imposed on him by the State of Nevada, and remanding for further proceedings, the panel held that the district court lacked jurisdiction to adjudicate the petition under 28 U.S.C. § 2254.

The lifetime supervision…