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6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

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9 CHARLES LUCIA, Case No. 2:21-cv-01280-GMN-EJY

10 Petitioner, ORDER v. 11 STATE OF NEVADA, 12 Respondent. 13 14 Charles Lucia has submitted what he has styled as a pro se motion for amended 15 judgment of conviction (ECF No. 1-1). His filing suffers from several defects. First, he 16 has failed to include either the $5.00 filing fee or a fully completed application to 17 proceed in forma pauperis. Local Rule LSR 1-2. 18 Second, to challenge his state court conviction or sentence in federal court he 19 must file a federal petition for writ of habeas corpus and that petition must be on the 20 court’s form. This court may entertain a petition for writ of habeas corpus “in behalf of a 21 person in custody pursuant to the judgment of a State court only on the ground that he 22 is in custody in violation of the Constitution or laws or treaties of the United States.” 28

(a). Alleged errors in the interpretation or application of state law do not 24 warrant habeas relief. Hubbart v. Knapp,

(9th Cir. 2004). 25 It appears that Lucia was sentenced, pursuant to a state-court judgment of 26 conviction, in January 2021 and that he seeks to challenge the computation of credit for 27 time served. He must exhaust his administrative remedies and seek relief in state court. 28 1 Rose v. Lundy,

(1982);

(b). The court also notes that this 2 may be purely an issue of state law, not an issue of federal constitutional error. 3 Accordingly, this action will be dismissed as improperly commenced and for 4 failure to state a claim for which relief may be granted. 5 IT IS THEREFORE ORDERED that this action is dismissed without prejudice as 6 improperly commenced and for failure to state a claim cognizable in federal habeas 7 corpus. 8 IT IS FURTHER ORDERED that a certificate of appealability is denied. 9 IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close 10 this case. 11

12 DATED: 30 July 2021.

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14 GLORIA M. NAVARRO 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28