Randle

BACKGROUND

A jury found Petitioner guilty of murder with the special circumstance of lying in wait. (Dkt. No. 1 at 2.) On September 24, 2024, Petitioner was sentenced to life without the possibility of parole and 115 years. (Id.) Also on September 24, 2024, Petitioner submitted this federal petition to the Ninth Circuit. (Id. at 1.) On November 12, 2024, the Ninth Circuit transferred the case to this Court because an application for a writ of habeas corpus must be made to the district court. (Dkt. No. 2 at 1.) The case was dismissed without prejudice on February 4, 2025, due to Petitioner’s failure to file a motion to proceed in forma pauperis. At the time of filing the petition, Petitioner had not appealed the conviction or filed any petitions in state court. (Dkt. No. 1 at 5.)

DISCUSSION

A. Standard of Review This Court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). A district court shall “award the writ or…