SHEPPARD v. FOSTER et al, No. 1:2009cv00421 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Ellen S. Huvelle on 2/11/09. (ls, )
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FILED MAR - 5 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Michael A. Sheppard, Plaintiff, v. K.B. Foster et al., Defendants. ) ) ) ) ) ) ) ) ) NANCY MAYER WHITTINGTON CLERK U.S. DISTRICT COURT' Civil Action No. 09 0421 MEMORANDUM OPINION This action, brought pro se, is before the Court on its initial review of the complaint and 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. Plaintiff is an inmate at the Perry Correctional Institution in Pelzer, South Carolina. He sues the State of South Carolina for "a new trial by jury." Compi. at 2. The complaint allegations suggest that plaintiff has been criminally prosecuted but it is unclear if a judgment of conviction has been entered. In any event, 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)(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). If plaintiff has exhausted his state remedies, his federal recourse lies in the United States District ~) 3 Court for the District of South Carolina. A separate Order of dismissal accompanies this Memorandum Opinion. Date: February United States District Judge jl, 2009 2
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