Kennedy v. United States of America
Filing
8
MEMORANDUM. Signed by Chief Judge Catherine C. Blake on 11/18/2015. (c/m 11/18/15 bas, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
MICHAEL E. KENNEDY
v.
UNITED STATES OF AMERICA
*
*
*
Civil Action No. CCB-15-1340
*
*
***
MEMORANDUM
Petitioner Michael E. Kennedy has filed in this court a writ of error coram nobis seeking
to overturn his 1980 conviction in the Southern District of California for rape and felony murder.
See United States v. Kennedy, 714 F.2d 968 (9th Cir. 1983). The complicated and lengthy
procedural history of his prior challenges to these convictions need not be repeated here. As
noted in the government’s response to Kennedy’s petition, subject matter jurisdiction over a
petition for writ of error coram nobis lies with the court that had jurisdiction over the original
criminal case, as coram nobis is essentially a “belated extension” of the original case. United
States v. Denedo, 556 U.S. 904, 913 (2009) (explaining that “the All Writs Act and the
extraordinary relief the statute authorizes are not a source of subject-matter jurisdiction”).
Kennedy’s reply to the government’s response does not persuasively challenge this conclusion.
Accordingly, the petition will be dismissed by separate Order which follows.
November 18, 2015
Date
/S/
Catherine C. Blake
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?