In re Lopez CA3

facts occurring outside the court’s appellate district” (Cal. Rules of Court, rule 8.385(c)(1)), we decline to do so here where Lopez is currently confined at Folsom State Prison, which is within this court’s appellate district, and Lopez filed in the Sacramento County Superior Court in the first instance, which ruled on the merits of the petition.

1 The discipline arises from Lopez’s refusal to sign an “Informational Chrono” acknowledging he was “willing to program on a Non Designated Programming Facility [(NDPF)].” Lopez claims the disciplinary decision must be vacated because: (1) the decision to assign him to an NDPF was not made by a classification committee as required by CDCR’s own regulations (see Cal. Code Regs.,2 tit. 15, § 3375, subd. (c)); (2) CDCR’s NDPF rules were not properly promulgated under the Administrative Procedure Act;3 and (3) there is not “some evidence” Lopez refused a housing assignment. We shall conclude the decision to assign Lopez to an NDPF is invalid because it was not made by a classification committee as required by section 3375, subdivision (c). Further, we hold that there is not “some evidence” Lopez refused an assignment, even were the…