Jacobo v. Stanislaus County Superior Court
- Nathanael Cousins
- 5:21-cv-09668
- U.S. District Court · Northern District of California
- 2
In Jacobo v. Stanislaus County Superior Court, Judge Cousins transferred Jacobo’s state-conviction petition to the Eastern District of California.
Angelo J. Jacobo, IV, and the pending federal petition challenging his Stanislaus County conviction; the case was transferred from the Northern District of California to the Eastern District of California.
What happened
Angelo J. Jacobo, IV, a state prisoner, filed a federal petition challenging his conviction in the Superior Court of Stanislaus County.
The court explained that such cases may be heard where the prisoner is confined or where the conviction occurred, but they are generally heard in the district of conviction. Stanislaus 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 under 28 U.S.C. § 1406(a). The clerk was ordered to terminate all pending motions and transfer the entire file.
The detailed version
- Jacobo v. Stanislaus County Superior Court · No. 5:21-cv-09668
- Nathanael Cousins
- Jan. 3, 2022
Background
Angelo J. Jacobo, IV, identified in the order as a state prisoner at Gabilan Conservation Camp, filed a petition under 28 U.S.C. § 2254 challenging a state conviction from the Superior Court of Stanislaus County. A petition under § 2254 asks a federal court to review a state-court conviction or sentence.
Venue
The court stated that venue for this type of case is proper either in the federal district where the prisoner is confined or in the federal district where the conviction occurred. It also stated that petitions challenging a conviction or sentence are preferably heard in the district of conviction. Because Jacobo challenged a conviction from Stanislaus County, the court identified the Eastern District of California as the district of conviction.
Ruling
Judge Nathanael M. Cousins ordered that the case be transferred 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 case file.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.