CARRASCOSA v. HAUCK et al, No. 1:2012cv00992 - Document 3 (D.D.C. 2012)
Court Description: MEMORANDUM OPINION Signed by Judge Ellen S. Huvelle on 6/12/2012. (ls, )
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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Maria Jose Carrascosa, Petitioner, v. William Hauck, et al., Respondents. ) ) ) ) ) ) ) ) ) JUN 1 9 2012 Clerk, us Di . Courts fo.r the ~~net & Bankruptcy stnct ot Columbia Civil Action No. 12 0992 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 New Jersey state prisoner incarcerated in Clinton, New Jersey. She is challenging her conviction entered by the New Jersey Superior Court on December 23, 2009, following a jury trial. Pet. ~~ 1-6. 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). Because 3 petitioner has no recourse in the District of Columbia, this action will be dismissed. A separate Order accompanies this Memorandum Opinion. United States District Judge Date: June Jh2012 2
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