AUTREY v. UNITED STATES OF AMERICA
MEMORANDUM OPINION Signed by Judge Richard J. Leon on 7/16/2012. (ls, )
JUL 2 3 2012
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
United States of America,
Civil Action No.
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
This matter is before the Court on initial review of the pro se petition for a writ of habeas
corpus and the petitioner's 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, claiming actual innocence, seeks to vacate his 1998 judgment of conviction
entered by the Superior Court of the District of Columbia. See Pet. at 1-2. It is established that
challenges to a Superior Court judgment of conviction must be pursued in that court under D.C.
Code § 23-110, see Blair-Bey v. Quick, 151 F.3d 1036, 1042-43 (D.C. Cir. 1998); Byrd v.
Henderson, 119 F.3d 34, 36-37 (D.C. Cir. 1997), and that absent a showing of an inadequate or
ineffective local remedy, "a District of Columbia prisoner has no recourse to a federal judicial
forum." Garris v. Lindsay, 794 F.2d 722, 726 (D.C. Cir. 1986), cert. denied, 479 U.S. 993
(1986) (internal footnote omitted). Under District of Columbia law,
[an] application for a writ of habeas corpus in behalf of a prisoner who is authorized to
apply for relief by motion pursuant to this section shall not be entertained by ... any
Federal ... court if it appears ... that the Superior Court has denied him relief, unless
it also appears that the remedy by motion is inadequate or ineffective to test the
legality of his detention.
D.C. Code §23-llO(g). Section 23-llO(a)(l) provides an adequate remedy for D.C. prisoners to
pursue constitutional claims of actual innocence. See Ibrahim v. US., 661 F.3d 1141, 1143-46
(D.C. Cir. 2011). This Court therefore lacks authority to entertain the instant petition. A
separate Order of dismissal accompanies this Memorandum Opinion.
United States District Judge
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