Hughes (ID 96576) v. Secretary of Corrections

Filing 9

MEMORANDUM AND ORDER ENTERED: The petition for writ of error 8 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 01/03/18. Mailed to pro se party Charley Hughes by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CHARLEY HUGHES,
Petitioner,
v.

CASE NO. 17-3204-SAC

WARDEN DAN SCHNURR,
Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2254. On December 27, 2017, the Court dismissed this matter without
prejudice to allow petitioner to seek relief through state law
remedies. On December 28, 2017, petitioner filed a petition for writ
of error (Doc. #8). Petitioner specifically seeks a writ of coram nobis
to vacate his conviction.
It is settled in the Tenth Circuit that a federal court has no
power to consider a state-court judgment under the writ of coram nobis.
Rawlins v. Kansas, 714 F.3d 1189 (10th Cir. 2013). Accordingly, the
Court lacks jurisdiction to grant the relief sought by petitioner.
IT IS, THEREFORE, BY THE COURT ORDERED the petition for writ of
error (Doc. #8) is denied.
IT IS SO ORDERED.
DATED:

This 3d day of January, 2018, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge