Opinion
Case: 1:16-cv-00035 (G Deck)
01-08-2016
SHERMAN LAMONT FIELDS, Petitioner, v. UNITED STATES OF AMERICA, et al., Respondent.
Assigned To : Unassigned
Assign. Date : 1/8/2016
Description: Habeas Corpus/2241 MEMORANDUM OPINION
In January 2004, in the United States District Court for the Western District of Texas, the petitioner was convicted of escape, murder, carjacking and other offenses. See Pet. at 1 (page numbers designated by the petitioner). He has been sentenced to death. Id. The United States Court of Appeals for the Fifth Circuit affirmed the convictions on direct appeal; the Western District of Texas denied the petitioner's motion under 28 U.S.C. § 2255 to vacate his convictions; the Fifth Circuit denied the petitioner's motion for a certificate of appealability challenging the district court's denial of habeas relief; and the Supreme Court of the United States denied his petition for a writ of certiorari. See United States v. Fields, 761 F.3d 443 (5th Cir. 2014), cert. denied, 135 S. Ct. 2803 (2015).
Generally, the petitioner argues that errors during each phase of the criminal proceedings justify the issuance of a writ pursuant to the All Writs Act, see 28 U.S.C. § 1651. "While the All Writs Act authorizes employment of extraordinary writs, it confines the authority to the issuance of process 'in aid of the issuing court's jurisdiction . . . . [T]he Act does not enlarge that jurisdiction." In re Tennant, 359 F.3d 523, 527 (D.C. Cir. 2004) (quoting Clinton v. Goldsmith, 526 U.S. 529, 534-35 (1999)). This federal district court has no jurisdiction over the petitioner's claims. An attack on the petitioner's criminal convictions or sentence must be brought in the Western District of Texas. See 28 U.S.C. § 2255(a) (directing a federal prisoner to "move the court which imposed the sentence to vacate, set aside or correct the sentence"); Brown v. U.S. Attorney, 612 F. App'x 620 (D.C. Cir. 2015) (per curiam). An appeal of the sentencing court's ruling must be brought in the Fifth Circuit, 28 U.S.C. § 41; see Avila-Luna v. Office of the Attorney General of the U.S., No. 15-0467, 2015 WL 2183352, at *1 (D.D.C. May 8, 2015), and only the Supreme Court may entertain an appeal from the Fifth Circuit, see 28 U.S.C. § 1254. The petitioner has taken all of these steps, yet his lack of success does not confer jurisdiction on this district court.
The Court will grant the petitioner's application to proceed in forma pauperis and will dismiss his petition. An Order consistent with this Memorandum Opinion is issued separately. DATE: 1/8/2016
/s/_________
United States District Judge