Thomas v. United States of America

Filing 3

MEMORANDUM AND ORDER re: 1 HEREBY ORDERED that petitioner's petition for writ of error coram nobis is DISMISSED. Signed by District Judge Jean C. Hamilton on 12/10/12. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARREN THOMAS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:12CV2248 JCH

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s petition for writ of error coram
nobis. Petitioner, a prisoner at Memphis Federal Correctional Institution, seeks to
overturn his conviction on the basis that he was denied his Sixth Amendment right to
counsel.
Coram nobis is not intended to be a substitute for proceedings brought pursuant
to 28 U.S.C. § 2255. See U.S. v. Noske, 235 F.3d 405, 406 (8th Cir. 2000); United
States v. Morgan, 346 U.S. 502, 511 (1954). A writ of coram nobis is available only
when the applicant is not in custody. U.S. v. Esogbue, 357 F.3d 532, 534 (5th Cir.
2004); U.S. v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002). Because petitioner is
currently incarcerated, the petition must be dismissed.
Accordingly,

IT IS HEREBY ORDERED that petitioner’s petition for writ of error coram
nobis is DISMISSED.
Dated this 10th day of December, 2012.

/s/Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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