Penrod v. Suthers

• Court: District Court, District of Columbia
• Decided: August 31, 2011
• Docket: Civil Action No. 2011-1579
• Status: Published

Opinion

FILED

UNITED srATEs DISTRICT count AUG 33 §[;"k my . ' t an rup FOR THE DISTRICT OF COLUMBIA C(iiiiiit

Donald Adam Penrod, ) Plaintiff, § v. i civil Action N@. 11 l;_j"l'fj John Suthers et al. , § Defendants. § MEMORANDUM OPINION

This matter is before the Court on review of plaintiff` s pro se complaint and application to proceed in forma pcmperis. The Court will grant the application to proceed informal pauperis and will dismiss the case for lack of jurisdiction.

Plaintiff is a Colorado prisoner incarcerated in Pueblo, Colorado. He has filed, pursuant to Fed. R. Civ. P. 60(b)(4), an "Independent Action to vacate a habeas corpus judgment" presumably entered by his sentencing court. Compl. at l. This Court lacks jurisdiction to review the judgments of other courts. See 28 U.S.C. §§ l33l, 1332 (general jurisdictional provisions); Fleming v. United Stales, 847 F. Supp. l70, l72 (D.D.C. 1994), cerl. denied 513 U.S. ll5O (1995). 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). Petitioner has no recourse in this

Court. A separate Order of dismissal accompanies this Memorandum Opinion.

Uriited S`ta-tes_Dlstrict Judge Date: August , 2011