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)

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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

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