Luna

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN LUNA, Case No. 21-cv-09669-JST

Petitioner,

ORDER DENYING MOTION TO

v. DISMISS PETITION AS UNTIMELY;

DISMISSING PETITION FOR LACK

MARTIN GAMBOA, OF JURISDICTION; DENYING

CERTIFICATE OF APPEALABILITY

Respondent. 11 Re: ECF No. 12 12 Petitioner Juan Luna, an inmate at Avenal State Prison, in Kings County, California, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a conviction and sentence from Contra Costa County Superior Court. Pending before the Court is Respondent’s motion to dismiss the petition as untimely. ECF No. 11. Petitioner has not filed an opposition, and the deadline to do so has since passed. For the reasons set forth below, the Court DENIES Respondent’s motion to dismiss the petition as untimely (ECF No. 11), DISMISSES the petition for lack of jurisdiction, and DENIES a certificate of appealability. BACKGROUND In 2013, a…