Olivo Ramirez v. United States

Opinion

FILED

APR l 6 2013 UNITED STATES DISTRICT COURT mark U_S_ Dismct and FOR THE DISTRICT OF COLUMBIA Bar"kruptcy courts

Juan Carlos Olivo Ramirez, ) ) Petitioner, )

) /

v ) Civil Action N0. 1§’ 17 j 5

) ) United States of America, ) ) Respondent. )

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 challenges his conviction following a bench trial. See Petition at 1-2. 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)(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 the petitioner has no

recourse in the District of Columbia, this action will be dismissed. A separate Order

accompanies this Memorandum Opinion.

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