Forde

MEMORANDUM **

Stephen Charles Forde appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition for lack of jurisdiction. This court granted a certificate of appealability on the issue of whether Forde was in custody for purposes of § 2254 jurisdiction. We have jurisdiction under 28 U.S.C. § 2253 (a), and we affirm.

Forde contends that the district court erred in ruling that he was not in custody under § 2254 by ignoring the controlling case of Lackawanna County Disk Att’y v. Coss, 532 U.S. 394 , 121 S.Ct. 1567 , 149 L.Ed.2d 608 (2001). We review de novo denials of § 2254 petitions. See Park v. California, 202 F.3d 1146, 1149 (9th Cir.2000). We conclude that the analysis in Lackawanna does not change Forde’s custody status in regard to § 2254. See Lackawanna, 532 U.S. at 401-02 ; see also Allen v. Oregon, 153 F.3d 1046, 1048 (9th Cir.1998) (holding that petitioner in federal custody could not challenge in a § 2254 petition his expired state convictions that contributed to basis of federal incarceration).

Forde also contends that because he filed his § 2254 petition within the proper time limit after his state conviction became final,…