Grigsby v. Thomas ( 2015 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
GEORGE GRIGSBY, )
)
Petitioner, )
)
v. ) Civil Action No. 15-1517 (ABJ)
)
)
MARY THOMAS, )
)
Respondent. )
MEMORANDUM OPINION
Petitioner, proceeding pro se, has brought a “Petition for Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2241, 2254.” He challenges on due process grounds the decision of an Illinois state
judge, respondent Mary Thomas, to place him in a mental health institution. Petitioner is located
in Chicago, Illinois.
This Court “may not entertain a habeas petition [under § 2241] unless the respondent
custodian is within its territorial jurisdiction,” Stokes v. U.S. Parole Comm’n, 374 F.3d 1235, 1239
(D.C. Cir. 2004), and there are several problems with this case. As has been noted in previous
actions filed by this petitioner, “petitioner has not indicated how Judge Mary Thomas could be his
custodian.” Grigsby v. Thomas, No. 14-1579, 2014 WL 4661195, at *1 (D.D.C. Sept. 19, 2014),
citing Rumsfeld v. Padilla, 542 U.S. 426, 438-41 (2004). More important, even if petitioner had
named the proper respondent in Illinois, this Court sitting in the District of Columbia would lack
jurisdiction to entertain the petition. Stokes, 374 F.3d at 1239; see Grigsby, 2014 WL 4661195, at
*1 (identifying the United States District Court for the Northern District of Illinois as the proper
habeas court). Moreover, if petitioner is challenging a state court judgment reviewable under 28
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U.S.C. § 2254, he must present that claim as well to the Northern District of Illinois after he has
exhausted his state court remedies. See 28 U.S.C. § 2254(b)(1).
Petitioner has no recourse in this Court under either 28 U.S.C. § 2241 or 28 U.S.C. § 2254.
Consequently, this case will be dismissed without prejudice. A separate order accompanies this
Memorandum Opinion.
AMY BERMAN JACKSON
United States District Judge
DATE: October 16, 2015
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