Scott v. The People of the State of California et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 7/29/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 7/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DANE MYRON SCOTT,
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Petitioner,
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vs.
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STATE OF CALIFORNIA, et al.,
Respondents.

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No. C 11-3135 LHK (PR)
ORDER OF DISMISSAL

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Petitioner, a state prisoner proceeding pro se and currently incarcerated at CSATF /
Corcoran II, filed a petition for writ of coram nobis. Petitioner has paid the filing fee.

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The writ of error coram nobis affords a remedy to attack a conviction when the petitioner

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has served his sentence and is no longer in custody. See Telink, Inc. v. United States, 24 F.3d 42,

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45 (9th Cir. 1994). Here, Petitioner cannot avail himself of coram nobis relief because he is still

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in custody. Moreover, while district courts are authorized to issue the writ in federal criminal

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matters pursuant to the All Writs Act, 28 U.S.C. § 1651(a), United States v. Morgan, 346 U.S.

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502, 506 (1954); United States v. Walgren, 885 F.2d 1417, 1420 (9th Cir. 1989), “[c]oram nobis

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relief is not available in federal court to attack a state court conviction” Casas-Castrillon v.

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Warden, 265 Fed. App’x 639 (9th Cir. 2008) (unpublished memorandum disposition); accord

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Hensley v. Municipal Court, 453 F.2d 1252 n.2 (9th Cir. 1972), reversed on other grounds, 411

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U.S. 345 (1973) (“We are unable to treat this petition as one seeking coram nobis relief because
Order of Dismissal
P:\PRO-SE\SJ.LHK\HC.11\Scott135coramnobis.wpd

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[the petitioner] seeks to challenge a state court proceeding in federal court. Coram nobis lies only

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to challenge errors occurring in the same court”).

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Accordingly, the petition for writ of coram nobis is DISMISSED for lack of jurisdiction.
The Clerk shall close the file and enter judgment in this matter.
IT IS SO ORDERED.
DATED:

7/29/11
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\SJ.LHK\HC.11\Scott135coramnobis.wpd

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