WILLIAMS v. UNITED STATES OF AMERICA et al

Filing 3

MEMORANDUM OPINION Signed by Judge Richard J. Leon on 7/16/2012. (ls, )

FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Clarence E. Williams,
Petitioner,
V.

United States of America et al.,
Respondents.

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Civil Action No.

JUL 2 3 2012
Clerk. U.S. District & Bankruptcy
Courts for the Oistnct of Columbia

12 1206

MEMORANDUM OPINION
Petitioner, proceeding prose, has submitted an application for a writ of habeas corpus
under 28 U.S.C. § 2254, 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 North Carolina state prisoner incarcerated at the Johnston Correctional
Institution in Smithfield, North Carolina. He is challenging his state conviction following his
plea of guilty. 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. § 224l(d). To the extent that petitioner is
seeking review of the denial of habeas relief by the United States District Court for the Eastern
District ofNorth Carolina, see Pet.~~ 1, ll(c), this Court lacks jurisdiction to provide such relief.

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See 28 U.S.C. §§ 1331, 1332 (general jurisdictional provisions); Fleming v. United States, 847 F.

Supp. 170, 172 (D.D.C. 1994), cert. denied513 U.S. 1150 (1995).
Because petitioner has no recourse in the District of Columbia, this action will be
dismissed. A separate Order accompanies this Memorandum Opinion.

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Date: July _ _ , 2012

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