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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES SEAN HALL,
Petitioner,

For the Northern District of California

United States District Court

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No. C 11-3353 WHA (PR)
ORDER OF DISMISSAL;
GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS

v.

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STATE OF CALIFORNIA,

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Respondent.

(Docket No. 3)
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Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of error

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coram nobis. He appears to be challenging the decision by the California Board of Parole

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Hearings (“Board”) to deny him parole. The writ of error coram nobis affords a remedy to

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attack a conviction when the petitioner has served his sentence and is no longer in custody. See

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Telink, Inc. v. United States, 24 F.3d 42, 45 (9th Cir. 1994). Petitioner is still in custody.

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Consequently, his petition is DISMISSED. If petitioner wishes to challenge the Board’s parole

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decision, he may do so by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. §

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22554 after exhausting his state court remedies. Leave to proceed in forma pauperis (docket

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number 3) is GRANTED.

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The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: August

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, 2011.

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G:\PRO-SE\WHA\HC.11\HALL3353.DSM.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE