Bailey v. Grounds

• Court: District Court, District of Columbia
• Decided: March 21, 2011
• Docket: Civil Action No. 2011-0580
• Status: Published

Opinion

I

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 ) Petitioner, ) ) v. ) Civil Action No. ) Warden Dawn E. Grounds et at., ) ) 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