Davis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GAVIN DAVIS, Case No.: 21-CV-2042 JLS (BGS)

Petitioner,

ORDER DENYING PETITIONER’S

v. MOTON FOR RELIEF FROM

JUDGMENT AND DENYING

ROB BONITA, California Attorney

CERTIFICATE OF APPEALABILITY

General, 15 Respondent. (ECF No. 9) 16 17 On December 7, 2021, Petitioner Gavin Davis filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Petitioner indicated he is challenging a conviction from the San Diego County Superior Court for which, on June 7, 2018, he was sentenced to time served and three years probation, and that his sentence had completely expired on June 6, 2021. (Id. at 1–2.) On December 9, 2021, the Court dismissed the Petition for lack of jurisdiction because Petitioner was not in actual or constructive custody at the time the Petition was filed. (ECF No. 6.) The Court declined to issue a Certificate of Appealability and entered a final judgment of dismissal. …