OSEI v. UNITED STATES OF AMERICA

Filing 5

ORDER THAT PETITIONER'S MOTION FOR CORAM NOBIS PETITION IS DENIED; IT IS FURTHER ORDERED THAT THE DEPUTY CLERK SHALL SERVE COPIES OF THE MEMORANDUM AND ORDER DATED 1/15/19, ON COUNSEL FOR THE GOVERNMENT AND ON PRO SE PETITIONER, AT HIS LAST KNOW N ADDRESS; IT IS FURTHER ORDERED THAT THE GOVERNMENT SHALL ATTEMPT TO LOCATE PRO SE PETITIONER IN GHANA AND SERVE HIM WITH COPIES OF THE MEMORANDUM AND ORDER WITHIN THIRTY (30) DAYS, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/15/19. 1/17/19 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, MAILED AND E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KWARTENG PRINCE OSEI,
Petitioner,

CIVIL ACTION

v.
UNITED STATES OF AMERICA,
Respondent.

NO. 18-0063

ORDER
AND NOW, this 15th day of January, 2019, upon consideration of Motion for Coram
Nobis Petition filed by pro se petitioner, Kwarteng Prince Osei (Document No. 1, filed March
15, 2018), Government’s Response in Opposition to Petition for Writ of Coram Nobis
(Document No. 3, filed Sept. 17, 2018), and the record in this case, for the reasons set forth in
the accompanying Memorandum dated January 15, 2019, IT IS ORDERED that Motion for
Coram Nobis Petition filed by pro se petitioner is DENIED.1
IT IS FURTHER ORDERED that the Deputy Clerk shall serve copies of the
Memorandum and Order dated January 15, 2019, on counsel for the Government and on pro se
petitioner, Kwarteng Prince Osei, at his last known address.
Because pro se petitioner, Kwarteng Prince Osei, was removed from the United States to
Ghana during the pendency of these proceedings, before the Government was served with a copy
of the coram nobis petition, IT IS FURTHER ORDERED that the Government shall attempt to
locate pro se petitioner in Ghana and serve him with copies of the Memorandum and Order
within thirty (30) days, following which the Government shall file a certificate setting forth the

“No certificate of appealability is necessary to appeal the denial of [a] petition for writ of coram nobis.” Deshields
v. Smith, 176 F. App’x 340, 342 n.1 (3d Cir. 2006) (citing United States v. Baptiste, 223 F.3d 188, 189 n.1 (3d Cir.
2000)).
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details of service or its inability to locate and serve pro se petitioner. If additional time is
required, it shall be requested within the thirty-day period.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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