Carter v. State of Texas

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED. An Order of Dismissal will be filed with this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 9/18/2012. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FRANK DWIGHT CARTER,
Petitioner,
v.
STATE OF TEXAS,
Respondent.

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No. 4:12CV1637 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Frank Dwight Carter’s petition for review of a 1989
criminal action from the State of Texas. Petitioner has not stated a basis for this Court’s
jurisdiction, and after reviewing the petition and the attached exhibits, the Court finds that
none exists.
Under Rule 12(h)(3) of the Federal Rules of Civil Procedure, the Court is required to
review all new cases for subject matter jurisdiction and to dismiss any action where subject
matter jurisdiction is lacking.
There are only two avenues for review of a state criminal action in federal court:
removal of a pending case under 28 U.S.C. § 1443 or habeas review of a final judgment. In
either instance, the state court action may only be reviewed by a federal court sitting in the
same state as the underlying state court action. See 28 U.S.C. § 1443, § 2241(d). Because
petitioner’s case arose in Texas, this Court lacks subject matter jurisdiction over the action.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to proceed in forma pauperis
[Doc. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED.
An Order of Dismissal will be filed with this Memorandum and Order.
Dated this 18th day of September, 2012.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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