Luna
Luna v. Atchley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JOSE JUAN LUNA, JR.,
Case No. 21-10003 BLF (PR) Petitioner, ORDER REQUESTING MOTION v. TO DISMISS OR NOTICE THAT MOTION IS UNWARRANTED
MATTHEW ATCHLEY, Acting Warden, Respondent.
17 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus using the court’s form petition for filing an action pursuant to 28 U.S.C. § 2241. Dkt. No. 1. However, based on the information therein, it is clear that Petitioner is serving a state sentence for a conviction out of Monterey County Superior Court and is challenging that state conviction. Id. at 1-3. Accordingly, the Court construes the petition as being brought under 28 U.S.C. § 2254, which is the appropriate statute. Petitioner has paid the filing fee. Id. /// /// 27 BACKGROUND According to the petition and the attached papers, Petitioner was…