Baker v. State of Texas

District Court, District of Columbia

Baker v. State of Texas

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

PATRICK WAYNE BAKER

Petitioner,

v. Civil Action No. 25-cv-2062 (UNA)

STATE OF TEXAS,

Respondent.

MEMORANDUM OPINION

Insofar as Patrick Wayne Baker challenges his conviction in and sentence imposed by a

State court in Texas, as well as his current incarceration, the Court construes his submission as a

petition for a writ of habeas corpus under

28 U.S.C. § 2254

. Federal court review of state court

convictions is available under

28 U.S.C. § 2254

only after the exhaustion of available state

remedies.

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). Because Petitioner was convicted and sentenced in Texas, this matter may not

proceed in the District of Columbia. The Court will grant Mr. Baker’s application to proceed in

forma pauperis (ECF No. 2) and dismiss the habeas petition (ECF No. 1) without prejudice. An

Order is issued separately.

DATE: August 28, 2025 /s/ JIA M. COBB United States District Judge

Reference

Status
Published