Stanfield v. Muniz
Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/16/2017 DISMISSING 1 Petition for Writ of Coram Nobis with leave to amend to file a habeas corpus petition within 60 days of the issuance of this Order. If petitioner elects to file habeas corpus petition, shall also submit an affidavit to support request to proceed IFP or appropriate filing fee within 30 days from the date of this Order. (Henshaw, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
EARL RICHARD STANFIELD, JR.,
12
13
14
15
No. 2:17-cv-02352-GGH
Petitioner,
v.
ORDER
PEOPLE OF THE STATE OF
CALIFORNIA,
16
17
Respondent.
18
19
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of coram
20
nobis. ECF No. 1. The petition itself challenges his conviction in the Siskiyou County Superior
21
Court based upon a plea agreement that he alleges he entered into only because of the absence of
22
the effective assistance of counsel who failed to investigate the circumstances underlying the
23
charges of premeditated murder of two persons. Id. at 2.. Attachments to the petition indicate
24
that he has sought coram nobis relief in the Siskiyou County Superior Court, id. at 17, the
25
California Supreme Court, id. at 18, and the Third District Court of Appeal. Id. at 21.
26
Petitioner is not, however, entitled to bring this petition on these grounds in this court as
27
he is in custody and, thus, has “the more usual remedy” for seeking relief pursuant under
28
28 U.S.C. section 2254 by filing a petition for a writ of habeas corpus. See Ramos v. Ives, 2011
1
1
WL 1261076 *3 (E.D. Cal. 2011). A writ of coram nobis can only issue “in aid of the jurisdiction
2
of the court . . . in which the conviction was had.” Madigan v. Wells, 224 F.2d 577, 578 n2 (9th
3
Cir. 1955). Section 2254 is, therefore the only vehicle for seeking the review in this court. See
4
United States v. Riedi, 496 F.3d 1003, 1005 (9th Cir. 2007) citing United States v. Morgan,
5
346 U.S. 502, 511 (1954).
6
The court has two means of dealing with this matter. First, it could just dismiss the
7
petition for lack of jurisdiction. Second, it may dismiss the complaint with leave to amend to
8
correct the error by filing a petition for a writ of habeas corpus pursuant to section 2254, thereby
9
avoiding any potential statute of limitations issue, assuming that plaintiff has not already
10
exceeded the statute of limitations. The court will follow this second avenue.
11
Additionally, plaintiff has not filed an in forma pauperis affidavit or paid the required
12
filing fee ($5.00), see 28 U.S.C. § 1915(a), which will permit him to go forward assuming he
13
wishes to file a petition for a writ of habeas corpus to engage the jurisdiction of this court.
14
In light of the foregoing, IT IS HEREBY ORDERED that:
15
1.
16
The petition for a writ of coram nobis is DISMISSED for lack of jurisdiction with
leave to amend to file a habeas corpus petition;
17
2.
The petitioner may file a petition for a writ of habeas corpus if he so chooses
18
which must conform to the requirements found in 28 U.S.C. section 2254 within 60 days of the
19
issuance of this Order;1
20
3.
If petitioner elects to file the aforementioned petition, he shall, within thirty (30)
21
dates from the date of this Order, submit an affidavit in support of his request to proceed in forma
22
pauperis or the appropriate filing fee. Petitioner’s failure to comply with this directive will result
23
in the dismissal of this action; and
24
////
25
////
26
27
28
1
This 60-day period exceeds the normal amount of time for the filing of an amended petition and
is being extended in light of the petitioner’s need to restyle his pleading to conform to the
statutory requirements for a petition for writ of habeas corpus.
2
1
2
3
4
5
6
4.
The Clerk of the Court is directed to send petitioner a copy of the in forma
pauperis form used by this district.
IT IS SO ORDERED.
Dated: November 16, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?