Cepeda v. Attorney General CA, et al

Filing 71

ORDER signed by Judge Lawrence K. Karlton on 4/13/12 DENYING 69 Motion and the Clerk of the Court DIRECTED to close this case. CASE CLOSED. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID DANIEL CEPEDA,
Petitioner,

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vs.
BRAD ESPINOZA, Warden,
Respondent.

ORDER
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No. CIV S-04-cv-1899 LKK JFM (HC)

On August 29, 2008, petitioner, a former state prisoner, requested that this court

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vacate his conviction. At the time of filing his request, petitioner had already been discharged

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from parole. See Doc. No. 68 at 2. This court, thus, denied petitioner’s motion on April 6, 2009

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on the grounds that habeas relief was unavailable because petitioner was no longer in custody

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and, to the extent the motion could have been construed as a request for a writ of coram nobis,

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the court found that none of the factors warranting such relief were present.

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Three years later, petitioner now renews his request that this court vacate his

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sentence. As before, the court is unable to grant the relief petitioner seeks, for the reasons stated

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in the court’s order of April 6, 2009.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s January 3, 2012

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motion is denied. The Clerk of the Court is directed to close this case.

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DATED: April 13, 2012.

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