Lupercio v. Mendoza
- Nathanael Cousins
- 5:21-cv-03126
- U.S. District Court · Northern District of California
- 2
In Lupercio v. Mendoza, Judge Cousins transferred Lupercio’s conviction challenge to the Eastern District of California because Tulare County is the conviction district.
Ramon Navarro Lupercio's petition was transferred from the Northern District of California to the Eastern District of California; Macario Mendoza was the named respondent.
What happened
In Ramon Navarro Lupercio v. Macario Mendoza, Lupercio, a state prisoner at San Quentin State Prison, filed a petition asking a federal court to review his state conviction from the Superior Court of Tulare County.
The court explained that such petitions may be heard where the prisoner is confined or where the conviction occurred. But cases challenging a conviction or sentence are generally heard in the district where the conviction occurred. Tulare County is in the Eastern District of California.
Judge Nathanael M. Cousins transferred the case to the United States District Court for the Eastern District of California. The clerk was directed to terminate all pending motions and transfer the entire file.
The detailed version
- Lupercio v. Mendoza · No. 5:21-cv-03126
- Nathanael Cousins
- June 14, 2021
Background
Ramon Navarro Lupercio, identified as a state prisoner at San Quentin State Prison, filed a petition under 28 U.S.C. § 2254 seeking federal review of his state conviction from the Superior Court of Tulare County. Macario Mendoza is the respondent.
Venue
The court stated that venue for a federal petition challenging a state conviction may be proper either in the federal district where the prisoner is confined or in the district where the conviction occurred. The court further explained that conviction- or sentence-related petitions are preferably heard in the district of conviction. Because Lupercio challenged a conviction from Tulare County, the court identified the Eastern District of California as the district of conviction.
Ruling
The court transferred the case to the United States District Court for the Eastern District of California under 28 U.S.C. § 1406(a). The clerk was ordered to terminate all pending motions and transfer the entire file. The order was signed by United States Magistrate Judge Nathanael M. Cousins.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.