Bailey v. Grounds

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UNITED STATES DISTRICT COURT

FILED FOR THE DISTRICT OF COLUMBIA MAR 2 1 2011

Jeremy Ramone Bailey, ) Clerk. u.s. District & Bankruptcy

Courts for the District of Columbia

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Petitioner, )

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v. ) Civil Action No.

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Warden Dawn E. Grounds et at., )

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Respondents. )

MEMORANDUM OPINION

Petitioner, proceeding pro se, has submitted an application for a writ of habeas corpus along with an application to proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis and will dismiss the case for lack of jurisdiction.

Petitioner is a Texas state prisoner in New Boston, Texas, challenging a conviction entered by the 71 5t Judicial District Court of Harrison County, Texas. See Pet. at 2, 5-6. Federal court review of state convictions is available under 28 U.S.C. § 2254 only after the exhaustion of available state remedies. See 28 U.S.C. §2254(b)(1). Thereafter, "an application for a writ of habeas corpus [] made by a person in custody under the jUdgment and sentence of a State court .. . may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced [petitioner] and each of such district courts shall have concurrent jurisdiction to entertain the application." 28 U.S.C. § 2241(d). Petitioner has no recourse here. A separate Order of dismissal accompanies this Memorandum Opinion.

Un ed States DIstnct Judge Date: March~, 2011