Moore

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3

GARY B. MOORE,

4 Case No. 19-cv-05684-RS (PR) Petitioner, 5 v. ORDER OF DISMISSAL 6

JEFF LYNCH,

7 Respondent. 8

9 10 This federal habeas petition will be dismissed for want of jurisdiction. Petitioner 11 challenges a 1985 state conviction for which he received a sentence of two years. Because 12 it is more than 34 years after this sentence was imposed, petitioner cannot be in custody for 13 the 1985 conviction. Because he is not in custody on the conviction he challenges, the 14 Court lacks jurisdiction over this petition. The federal writ of habeas corpus is only 15 available to persons “in custody” at the time the petition is filed. See 28 U.S.C. 16 §§ 2241(c), 2254(a); Carafas v. LaVallee, 391 U.S. 234, 238 (1968). This requirement is 17 jurisdictional. Id. 18 This same 1985 conviction was used to enhance the 2005 state convictions that are 19 the cause of petitioner’s current imprisonment. Petitioner challenged the 1985 conviction 20 as part of the habeas petition he…