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Aaron v. Collins

United States District Court, N.D. Ohio
Mar 22, 2007
CASE NO. 5:07 CV 66 (N.D. Ohio Mar. 22, 2007)

Opinion

CASE NO. 5:07 CV 66.

March 22, 2007


MEMORANDUM OF OPINION AND ORDER


On January 10, 2007, petitioner pro se Darrell J. Aaron filed this action for a writ of coram nobis pursuant to 28 U.S.C. § 1651, seeking to challenge his convictions in the Ohio Court of Common Pleas in three different cases. For the reasons stated below, this action is dismissed pursuant to 28 U.S.C. § 1915A.

A district court is expressly required to dismiss any civil action filed by a prisoner seeking relief from a governmental officer or entity, as soon as possible after docketing, if the court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A; Siller v. Dean, No. 99-5323, 2000 WL 145167, at *2 (6th Cir. Feb. 1, 2000).

This court lacks jurisdiction over Aaron's petition, as a writ of coram nobis must be brought before the court that pronounced judgment on him. Because he is challenging a state court conviction, an action in coram nobis does not lie here. Dillard v. Chandler, No. 97-5081, 1998 WL 57296 (6th Cir. Feb. 2, 1998).

Accordingly, this action is dismissed. Further, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.

IT IS SO ORDERED.


Summaries of

Aaron v. Collins

United States District Court, N.D. Ohio
Mar 22, 2007
CASE NO. 5:07 CV 66 (N.D. Ohio Mar. 22, 2007)
Case details for

Aaron v. Collins

Case Details

Full title:DARRELL J. AARON, Petitioner, v. TERRY J. COLLINS, Respondent

Court:United States District Court, N.D. Ohio

Date published: Mar 22, 2007

Citations

CASE NO. 5:07 CV 66 (N.D. Ohio Mar. 22, 2007)