Opinion
Civil No. 04-621-BR.
June 16, 2004
ORDER
Petitioner, an inmate at the Snake River Correctional Institution, initiated this civil action by filing a Petition for Writ of Error Coram Nobis. For the reasons that follow, the Petition is summarily denied, and this action is DISMISSED.
BACKGROUND
Petitioner seeks a writ of error coram nobis to collaterally challenge a state court conviction for Escape in the Second Degree. Petitioner fully served the term of imprisonment and post-prison supervision for this conviction. Petitioner alleges the conviction has been used to enhance or perpetuate his current confinement on other, separate criminal sentencing orders or parole sanctions.
DISCUSSION
"It is well settled that the writ of error coram nobis is not available in federal court to attack state criminal judgments. A writ of error coram nobis can only issue to aid the jurisdiction of the court in which the conviction was had." Sinclair v. Louisiana, 679 F.2d 513, 514 (5th Cir. 1982) ( per curiam); see also Chavez v. Superior Court of California, 194 F. Supp.2d 1037, 1039 (C.D. Cal. 2002) (same). "Further, the writ of error coram nobis `cannot be used as a substitute for habeas corpus or as a collateral writ of error between state and federal jurisdictions.'" Chavez, 194 F. Supp.2d at 1039 (quoting Rivenburgh v. State of Utah, 299 F.2d 842, 843 (10th Cir. 1962)). Accordingly, this Court lacks jurisdiction to consider Petitioner's claims, and this action must be dismissed.
CONCLUSION
Based on the foregoing, IT IS ORDERED that the Petition for Writ of Error Coram Nobis (#2) is hereby DISMISSED.
IT IS FURTHER ORDERED that Petitioner's motion for appointment of counsel (#4) is DENIED.
IT IS SO ORDERED.