Tisdale v. United States

• Court: District Court, District of Columbia
• Decided: June 4, 2010
• Docket: Civil Action No. 2010-0923
• Status: Published

Opinion

FILED JUN - 4 2010 UNITED STATES DISTRICT COURT Clerk, U.S. District &Bankruptcy FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia

Lance William Tisdale, ) ) Petitioner, ) ) v. ) Civil Action No. 10 0923 ) United States of America, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the court on the plaintiff s pro se habeas petition and application to

proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis and

will dismiss the complaint for lack of jurisdiction.

Plaintiff is an inmate in the Bill Clements Unit in Amarillo, Texas, serving a sentence

imposed by the 299th Judicial District Court in Austin, Texas. He attacks the validity of the state

court conviction, alleging insufficient evidence, void indictment, and ineffective assistance of

counsel.

Federal court review of state convictions is available under 28 U.S.C. § 2254, but 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). To the extent that petitioner has

N 3 exhausted his state remedies, his federal recourse lies in the United States District Court for the

Northern District of Texas.

A separate final order accompanies this memorandum opinion.

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