Livingston v. Phillips et al
Filing
3
MEMORANDUM OPINION. Signed by Judge Paul W. Grimm on 8/9/2016. (c/m 08/10/2016 jf3s, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
LIVINGSTON GEORGE MINOTTI
*
Petitioner
*
v.
*
MICHAEL PHILLIPS
*
Respondent
Civil Action No. PWG-16-2413
*
***
MEMORANDUM OPINION
Petitioner Livingston George Minott, a resident of Cairo, New York, filed this Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C.
S 2254
on June 27, 2016.2 (ECF No.1).
His
Motion for Leave to Proceed in Forma Pauperis (ECF No.2) shall be granted. For the reasons
below, the Petition must be dismissed for lack of jurisdiction.
Petitioner states that on May 7, 2009, he pled guilty to charges of possession of marijuana
in the Circuit Court for Washington County, Maryland.
(Pet. 1-2). He states he was sentenced
to 1 year of incarceration, all suspended, with 146 days' credit for time served, and three months
of probation.
(Id. at 2). Petitioner did not appeal his conviction, nor did he seek state post-
conviction review of his plea and sentence.
Examination of Maryland's electronic docket confirms Petitioner's plea and sentence,
although it indicates that he was sentenced to three years of probation, rather than three months.
See Maryland v. Minott, Case No. 21K08041179 (Washington Cnty. Cir. COurt).3 In any event,
1 The Clerk shall amend the docket to reflect Petitioner's proper name, Livingston George Minott. See State Ct.
Docket, http://casesearch.courts.state.md. us/ casesearch/inquiryByCaseN um.j is.
2 Petitioner states that his grounds for relief are attached to the Petition.
(Pet. 5). No attachment was filed with the
Petition. Because this Court lacks jurisdiction to consider the Petition, this deficiency does not affect the outcome of
this case.
3
See State Ct. Docket, http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis.
Petitioner completed his probation.
On April 18, 2016, he moved to vacate judgment in the
Washington County Circuit Court. That motion remains pending. Id
Federal habeas corpus relief pursuant to 28 U.S.C. ~ 2254 is available to prisoners who
are "in custody" pursuant to a state court judgment.
expired.
In this case, Petitioner's state sentence has
There are no additional remedies available in this forum, because federal courts lack
jurisdiction under 28 U.S.C. ~ 1651(a) to alter the judgment of the state trial courts by, way of
coram nobis. See Thomas v. Cunningham, 335 F.2d 67,69 (4th Cir. 1964) ("Error coram nobis ...
cannot issue under the instant proceeding ... for the judgments are not in the court which Thomas
has petitioned.").
Because this Court lacks jurisdiction, the Petition must be dismissed.
A certificate of appealability may issue "only if the applicant has made a substantial
showing of the denial of a constitutional right." 28 U. S.C. ~ 2253(c)(2). To meet this burden an
applicant must show that "reasonable jurists could debate whether (or, for that matter, agree that)
the petition should have been resolved in a different manner or that the issues presented were
'adequate to deserve encouragement to proceed further.'" Slack v. McDaniel, 529 U. S. 473, 484
(2000) (citing Barefoot v. Estelle, 463 U. S. 880, 893 (1983)).
This petition fails to meet this
standard.
This petition must be dismissed by separate
Paul . Grimm
United States District Judge
2
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