Taylor v. Thaler

• Court: District Court, District of Columbia
• Decided: November 7, 2011
• Docket: Civil Action No. 2011-1955
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Lynn Taylor, ) ) Petitioner, ) ) . C` `l A ` N . c v § 1v1 ct10n 0 l 1 £H'L¢:: Rick Thaler, ) j F I L E D Respondent. ) NUV 0 7 mm C|erk, U.S. District and MEMORANDUM OPINION bankruptcy Courts

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 prisoner confined in Navasota_ Texas. He challenges his conviction entered by the 320"‘ J udicial District Court in Amarillo, Texas, following a trial. Pet. at 2.

F ederal 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. § 224l(d). This Court lacks jurisdiction over petitioner’s

habeas claims. A separate Order of dismissal accompanies this Memorandum Opinion.

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Igdnited Stated District Judge

Date: October ,2011

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