FILED
AUG 10 2010
Clerk us Df
UNITED STATES DISTRICT COURT CourtS tor the ~f~~~:t oBtanckr/uPfCY
FOR THE DISTRICT OF COLUMBIA o umbla
Douglas B. Bennett, )
)
Petitioner, )
)
v. ) Civil Action No. 10 1344
)
Mark Nooth, )
)
Respondent. )
MEMORANDUM OPINION
Petitioner, proceeding pro se, has submitted an application for a writ of habeas corpus
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 an Oregon state prisoner in Ontario, Oregon, challenging a conviction
entered by a county court in Portland, Oregon. Pet. at 2. 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)(I). 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 here. A separate Order of dismissal accompanies
this Memorandum Opinion.
United States Distn t Judge
Date: August 4-,2010