Luna

Luna v. Atchley

Good Law
United States District Court, Northern District of CaliforniaMay 9, 20225:21-cv-10003California1,330 words

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…

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