Williams v. United States of America

FILED

SEP ' 7 2012

UNITED STATES D]STRICT C@URT clerk, u.s. Dismcr & eam<rupzc

FOR THE DISTRICT OF COLUMBIA Courts forthe District of Columbia

Clarence E. Williams, ) )

Petitioner, ) l . . _ 10 v. ) C1v1l Actlon No. k ) )

United States of America et al., ) )

Respondents. )

MEMORANDUM OPINION

Petitioner, proceeding pro se, has submitted an application for a writ of habeas corpus under 28 U.S.C. § 2254, 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 North Carolina state prisoner incarcerated at the Johnston Correctional Institution in Smithfield, North Carolina. He is challenging his state conviction following his plea of guilty. F ederal 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)(l). 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. § 224l(d).

Because petitioner has no recourse in the District of Columbia, this action will be dismissed. See Wz'llz`arns v. United States ofAmerz`ca, Civ. No. 12-1206 (UNA) (D.D.C. July 23, 20l2) (same). A separate Order accompanies this Memorandum Opinion.

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United States ljistrict Jud'ge j

Date: August$¢?»@ , 2012