Luna
Luna v. Gamboa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JUAN LUNA,
Case No. 21-cv-09669-JCS (PR) Petitioner, 8 v. ORDER TO SHOW CAUSE
MARTIN GAMBOA,
10 Respondent.
12 INTRODUCTION Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 from his state sentence. The petition for such relief is here for review under 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The petition states a cognizable claim. On or before August 8, 2022, respondent shall file in response to the petition an answer or a dispositive motion. Petitioner has consented to magistrate judge jurisdiction. (Dkt. No. 4.) BACKGROUND A Contra Costa County Superior Court jury convicted petitioner of one count of aggravated sexual assault of a child by foreign object penetration and one count of committing a lewd act upon the body of a child under 14 years. (Pet., Dkt. No. 1 at 29.) In 2014, petitioner was sentenced to an indeterminate…