FILED
UNITED STATES DISTRICT COURT JUN 15 2010
FOR THE DISTRICT OF COLUMBIA : 8rk. u.s. District & Bankruptcy
urts tor the District of Columbia
Gene Allen, )
)
Petitioner, )
)
v. ) Civil Action No. 10 1001
)
The United States Supreme Court Office )
of the Clerk, )
)
Respondent. )
MEMORANDUM OPINION
This matter comes before the court on the plaintiff's pro se petition for a writ of habeas
corpus and application to proceed in forma pauperis. The Court will grant the application to
proceed in forma pauperis and will dismiss the petition for lack of jurisdi ction.
Plaintiff is an inmate in the Lovelock Correctional Center, in Lovdock, Nevada, serving a
sentence imposed by a Nevada state court. See Compl. at 1 & Ex. H. He filed this habeas
petition, captioned as one filed under 28 U.S.c. § 2244, but construed as one under § 2254, after
the Clerk of the United States Supreme Court refused to accept his petition for a writ of
certiorari without the docketing fee. Id at 3. He appears to allege that this refusal violates his
criminal rights, and he also appears to challenge the validity of his state conviction. Id at 5-7.
Federal court review of state convictions is available under 28 U.S.C. § 2254 but 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). To the extent that petitioner has
exhausted his state remedies, his federal recourse lies in the United States District Court for the
District of Nevada.
A separate final order accompanies this memorandum opinion.
1J...tr
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istri(:t Judge