Williams v. United States
Opinion
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F1LEn
UNITED STATES DISTRICT COURT 1 6
FOR THE DISTRICT OF COLUMBIA
C|erk, U.S. District and
Theodore J. Wiiiiams, ) B°""'“vf€v courts ) Petitioner, ) )
v ) Civil Action N0. ) ) United States of America el 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 entered on March 21, 2013. Federal court review of state convictions is available under
28 U.S.C. § 2254only 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. § 2241(d).
Because petitioner has no recourse in the District of Columbia, this action will be
dismissed. A separate Order accompanies this Memorandum Opinion.
Uni District Ju ge
Dare; Aprii // ,2013
Reference
- Status
- Published