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Jones v. United States Department of Justice

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


January 17, 2003

AUTRY LEE JONES, PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF JUSTICE, ET AL., DEFENDANTS.

MEMORANDUM OPINION

This action is before the Court on its initial review of Mr. Jones' pro se complaint. Mr. Jones is a prisoner incarcerated at the United States Penitentiary in Florence, Colorado. He has sued the United States Department of Justice, Attorney General John Ashcroft and the United States District Court for the Western District of Texas at Austin, Texas, for allegedly denying him his First Amendment right to access the courts. The Court finds that it lacks subject matter jurisdiction over the claims and therefore must dismiss the case.*fn1

Mr. Jones is serving two life sentences imposed by the defendant district court ("Western District"). The pending complaint arises from Mr. Jones' unsuccessful attempts to challenge his convictions through motions to vacate sentence under 28 U.S.C. § 2255 and a writ of habeas corpus under 28 U.S.C. § 2241. Mr. Jones seeks to hold Attorney General Ashcroft and the Department of Justice liable apparently for filing a motion to dismiss the § 2255 petition on untimeliness grounds. See 28 U.S.C. § 2255 (imposing a one-year statute of limitations). Mr. Jones seeks to hold the Western District liable apparently for"refusing to entertain Plaintiff[']s petition," which he alleges proves his innocence. Complaint ¶ 23. Mr. Jones wants"this court [to] rule that the one [-] year limitation violates the First and Fifth Amendment[s] of the United States Constitution." Complaint at 5.

In effect, Mr. Jones is seeking review of the Western District's denial of his § 2255 motion. This Court has no authority to review the decisions of another court. See 28 U.S.C. §§ 1331, 1332 (general jurisdictional provisions); U.S. v. Atkins, 116 F.3d 1566, 1571 (D.C. Cir.), cert. denied 522 U.S. 975 (1997); Fleming v. United States, 847 F. Supp. 170, 172 (D.D.C. 1994), cert denied 513 U.S. 1150 (1995). Accordingly, the complaint is dismissed. A separate Order of dismissal accompanies this Memorandum Opinion.

Rosemary M. Collyer United States District Judge


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