Vass v. Brawner

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Christopher Vass, )

)

Petitioner, )

) Civil Action No. 20-773 (UNA)

)

)

Ronald Brawner, )

)

Respondent. )

MEMORANDUM OPINION

Petitioner, appearing pro se, is a Georgia state prisoner incarcerated in Hardwick, Georgia.

He has filed an application to proceed in forma pauperis and a “Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody” [Dkt. # 1]. For the following reasons, this case will be dismissed for want of jurisdiction.

Petitioner is challenging his conviction in the Dekalb County Superior Court in Decatur, Georgia. Pet. ¶ 1. Section 2254 requires that a petitioner first exhaust his available state remedies. See 28 U.S.C. §2254(b)(1). Thereafter, an application under § 2254 “may be filed in the district court for the district wherein such person is in custody or in the district court for the district [where] 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). Since this court in the District of Columbia lacks authority to entertain the instant petition, it will dismiss the case. A separate order accompanies this Memorandum Opinion.

_________s/_____________

AMY BERMAN JACKSON

Date: April 14, 2020 United States District Judge