United States of America v. Wilson

Filing 7

ORDER denying 1 Motion to Expunge. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Case No. 17-51223 Plaintiff, Honorable John Corbett O’Meara v. WANDA SOLOMON WILSON, Defendant. / ORDER DENYING DEFENDANT’S SEPTEMBER 1, 2017 MOTION TO EXPUNGE This matter came before the court on Wanda Solomon Wilson’s September 1, 2017 motion to expunge. The government filed a response December 14, 2017. No reply was filed, and no oral argument was heard. Wanda Solomon has written to the court requesting that it expunge her 1971 conviction for a violation of 18 U.S.C. § 1952. Although she presents a compelling case, the court does not have jurisdiction to grant her request. “Federal courts lack ancillary jurisdiction over motions for expungement based on purely equitable considerations, yet retain ancillary jurisdiction over motions challenging an unconstitutional conviction.” United States v. Field, 756 F.3d 911, 916 (6th Cir. 2014). A “district court’s ancillary jurisdiction is limited to expunging the record of an unlawful arrest or conviction, or to correcting a clerical error.” Id. In this case Wilson is not challenging an unlawful arrest or conviction, asking the court to correct a clerical error, or challenging the underlying criminal proceedings. Her request is based on equitable grounds. Accordingly, the court lacks jurisdiction to grant her motion. ORDER It is hereby ORDERED that Wanda Solomon Wilson’s September 1, 2017 motion to expunge is DENIED. s/John Corbett O'Meara United States District Judge Date: January 8, 2018 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, January 8, 2018, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager 2

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