In re: John Bartley

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999907254-2]; denying Motion for extraordinary writ under FRAP 21 [999898112-2] Originating case number: 1:15-cr-00018-IMK-MJA Copies to all parties and the district court/agency. [999948231]. Mailed to: John Glenn Bartley. [16-1838]

Appeal: 16-1838

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Filed: 10/17/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1838

In Re:

JOHN GLENN BARTLEY,
Petitioner.

On Petition for Writ of Error Coram Nobis.
(1:15-cr-00018-IMK-MJA)

Submitted:

October 13, 2016

Decided:

October 17, 2016

Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

John Glenn Bartley, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1838

Doc: 14

Filed: 10/17/2016

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PER CURIAM:
John Glenn Bartley petitions this court for a writ of error
coram nobis pursuant to 28 U.S.C. § 1651(a) (2012).

In his

petition, Bartley seeks from this court an order for a new trial
and different housing in a low-level security camp.
A writ of error coram nobis can be used to vacate a conviction
when there is a fundamental error resulting in conviction and no
other means of relief is available.
U.S. 904, 911 (2009).

United States v. Denedo, 556

The remedy also is limited to petitioners

who are no longer in custody pursuant to their conviction.
Carlisle v. United States, 517 U.S. 416, 429 (1996).

See

“As a remedy

of last resort, the writ of error coram nobis is granted only where
an error is of the most fundamental character and there exists no
other available remedy.”

United States v. Akinsade, 686 F.3d 248,

252 (4th Cir. 2012) (internal quotation marks omitted).
We

conclude

that

Bartley

fails

to

entitled to a writ of error coram nobis.

establish

that

he

is

Accordingly, although we

grant Bartley leave to proceed in forma pauperis, we deny the
petition for a writ of error coram nobis.

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED

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