Coleman v. Davis
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
John A. Coleman, ) ) Petitioner, ) ) Civil Action No. 18-3012 (UNA) ) ) Lorie Davis, ) ) Respondent. )
MEMORANDUM OPINION
Petitioner, appearing pro se, is a Texas state prisoner incarcerated in Amarillo, Texas. He
has filed an application to proceed in forma pauperis and a document captioned “Writ of
Prohibito with Memorandum in Support” [Dkt. # 1]. Asserting that his criminal indictment and
conviction are “null and void,” petitioner asks respondent Director of Texas Department of
Criminal Justice “to cease the illegal incarceration and imprisonment of Coleman against his
liberties.” Pet. at 1. Petitioner baldly concludes that he “has shown by clear and convincing
evidence that [his] conviction and incarceration [are] illegal and being illegally imposed,” id. at
2, and thus seeks his release “unconditionally” and expungement of “his record.” Id.
A challenge to a state conviction must proceed under
28 U.S.C. § 2254, which requires
that the petitioner first exhaust his available state remedies. See
id.§2254(b)(1). Thereafter, an
application under § 2254 “may be filed in the district court for the district wherein such person is
in custody or in the district court for the district [where] 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). This Court lacks authority to entertain the
1 instant petition; therefore, this case will be dismissed. A separate order accompanies this
Memorandum Opinion.
/s/ Timothy J. Kelly TIMOTHY J. KELLY United States District Judge
Date: January 8, 2019
2
Reference
- Status
- Published