Moore

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GARY B. MOORE,

Case No. 19-cv-05684-RS (PR) Petitioner, 5 v. ORDER OF DISMISSAL

JEFF LYNCH,

7 Respondent.

9 This federal habeas petition will be dismissed for want of jurisdiction. Petitioner challenges a 1985 state conviction for which he received a sentence of two years. Because it is more than 34 years after this sentence was imposed, petitioner cannot be in custody for the 1985 conviction. Because he is not in custody on the conviction he challenges, the Court lacks jurisdiction over this petition. The federal writ of habeas corpus is only available to persons “in custody” at the time the petition is filed. See 28 U.S.C. §§ 2241(c), 2254(a); Carafas v. LaVallee, 391 U.S. 234, 238 (1968). This requirement is jurisdictional. Id. This same 1985 conviction was used to enhance the 2005 state convictions that are the cause of petitioner’s current imprisonment. Petitioner challenged the 1985 conviction as part of the habeas petition he…