Francisco Espinoza v. People of the State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 FRANCISCO ESPINOZA, ) Case No.: 1:25-cv-0976 JLT SKO ) 12 Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) PETITION WITH PREJUDICE, AND DIRECTING ) THE CLERK OF COURT TO CLOSE THE CASE 14 PEOPLE OF THE STATE OF CALIFORNIA, ) ) (Doc. 6) 15 Respondent. ) ) 16

17 Francisco Espinoza is a state prisoner proceeding pro se and in forma pauperis with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he requests the Court investigate 19 whether he is entitled to resentencing based upon changes in California law. The magistrate judge 20 performed a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 21 Cases and found Petitioner “fails to state a cognizable habeas claim.” (Doc. 6 at 2.) 22 First, the magistrate judge observed that “is it is not a function of a reviewing federal habeas 23 court to ‘investigate’ …to determine whether any…