Daniel Luna v. Trent Allen
Opinion
Trial Court Opinion
Case 2:22-cv-04196-FWS-DFM Document Filed 07/07/ Pagelof3 Page ID#:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL
Case No. CV 22-04196-FWS (DFM) Date: July 7, 2022 Title Daniel Luna v. Trent Allen
Present: The Honorable Douglas F. McCormick, United States Magistrate Judge Naney Boehme Deputy Clerk Court Reporter Attorney(s) for Plaintiff(s): Attorney(s) for Defendant(s): Not Present Not Present Proceedings: (IN CHAMBERS) Order to Show Cause Why the Petition Should Not Be _ Dismissed as Unexhausted On June 15, 2022, Petitioner Daniel Luna filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody under 28 U.S.C. § 2241. See Dkt. 1 (“Petition”). However, he alleges being in custody at California’s Salinas Valley State Prison pursuant to a judgment of the Ventura County Superior Court. See id. at 2. Accordingly, the Court construes the Petition as brought by a person in state custody under 28 U.S.C. § 2254. See Dominguez v. Kernan, 906 F.3d 1127, 1136 (9th Cir. 2018) (“§ 2254 [is]…