Hall v. People of the State of California
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JAMES SEAN HALL,
For the Northern District of California
United States District Court
No. C 11-3353 WHA (PR)
ORDER OF DISMISSAL;
GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS
STATE OF CALIFORNIA,
(Docket No. 3)
Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of error
coram nobis. He appears to be challenging the decision by the California Board of Parole
Hearings (“Board”) to deny him parole. The writ of error coram nobis affords a remedy to
attack a conviction when the petitioner has served his sentence and is no longer in custody. See
Telink, Inc. v. United States, 24 F.3d 42, 45 (9th Cir. 1994). Petitioner is still in custody.
Consequently, his petition is DISMISSED. If petitioner wishes to challenge the Board’s parole
decision, he may do so by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. §
22554 after exhausting his state court remedies. Leave to proceed in forma pauperis (docket
number 3) is GRANTED.
The clerk shall enter judgment and close the file.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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?