Hall v. People of the State of California

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 8/29/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/1/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JAMES SEAN HALL, Petitioner, For the Northern District of California United States District Court 10 11 No. C 11-3353 WHA (PR) ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS v. 12 STATE OF CALIFORNIA, 13 Respondent. (Docket No. 3) / 14 15 Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of error 16 coram nobis. He appears to be challenging the decision by the California Board of Parole 17 Hearings (“Board”) to deny him parole. The writ of error coram nobis affords a remedy to 18 attack a conviction when the petitioner has served his sentence and is no longer in custody. See 19 Telink, Inc. v. United States, 24 F.3d 42, 45 (9th Cir. 1994). Petitioner is still in custody. 20 Consequently, his petition is DISMISSED. If petitioner wishes to challenge the Board’s parole 21 decision, he may do so by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 22 22554 after exhausting his state court remedies. Leave to proceed in forma pauperis (docket 23 number 3) is GRANTED. 24 The clerk shall enter judgment and close the file. 25 IT IS SO ORDERED. 26 Dated: August 29 , 2011. 27 28 G:\PRO-SE\WHA\HC.11\HALL3353.DSM.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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