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Swindler v. United States

United States District Court, District of Columbia

December 19, 2014

Thaddeus Swindler, Petitioner,
v.
United States of America et al., Respondents

THADDEUS SWINDLER, Petitioner, Pro se, Maury, NC.

MEMORANDUM OPINION

Ketanji Brown Jackson, United States District Judge.

Petitioner, proceeding pro se, has submitted a document captioned " Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, " 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 in Greensboro, North Carolina. He challenges his 1993 first-degree murder conviction. Pet. at 1; see State v. Swindler, 129 N.C.App. 1, 497 S.E.2d 318, aff'd, 349 N.C. 347, 507 S.E.2d 284 (1998). Federal court review of state convictions is available under 28 U.S.C. § 2254 only after the exhaustion of 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). Petitioner has no recourse in this Court sitting in the District of Columbia. A separate Order of dismissal accompanies this Memorandum Opinion.

ORDER

For the reasons stated in the accompanying Memorandum Opinion, it is this 19th day of December 2014, ORDERED that petitioner's application to proceed in forma pauperis [Dkt. # 2] is GRANTED; and it is

FURTHER ORDERED that this case is DISMISSED without prejudice. This is a final appealable Order.


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