(HC) Espinoza v. People of the State of California

Opinion

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT AUG 6 2025

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FRANCISCO ESPINOZA, No. 25-3477

Petitioner, ORDER v.

PEOPLE OF THE STATE OF CALIFORNIA,

Respondent.

Before: Lisa B. Fitzgerald, Appellate Commissioner. Francisco Espinoza has filed a 28 U.S.C. § 2254 habeas petition that challenges Espinoza’s Kern County Superior Court conviction and sentence in Case No. BF102502A. When a habeas petition is filed in the court of appeals, “the application must be transferred to the appropriate district court.” Fed. R. App. P. 22(a); see 28 U.S.C. §§ 1631, 2241(b). The clerk will transfer the petition at Docket Entry No. 1 to the United States District Court for the Eastern District of California, for whatever consideration that court deems appropriate. The petition is deemed filed on May 27, 2025, the date it was delivered to prison authorities for forwarding to this court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). This transfer order is issued without regard to whether petitioner’s claims have any merit or satisfy the procedural requirements of 28 U.S.C. §§ 2244(d) and

2254. The clerk will include a copy of this order with the transferred petition. Upon transfer of the petition, the clerk will close this original action.

PETITION TRANSFERRED to the district court.