Opinion
23-1353
06-27-2023
In re: STEPHEN NIVENS, Petitioner.
Stephen Nivens, Petitioner Pro Se.
UNPUBLISHED
Submitted: June 22, 2023
On Petition for Extraordinary Writ. (8:16-cv-02648-TDC)
Stephen Nivens, Petitioner Pro Se.
Before WYNN, DIAZ, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Stephen Nivens, a Maryland inmate, petitions this court for a writ of error coram nobis, seeking relief from his Maryland criminal judgment. However, a federal court "cannot issue" a writ of error coram nobis when the challenged judgment was entered in state court. Thomas v. Cunningham, 335 F.2d 67, 69 (4th Cir. 1964); see Finkelstein v. Spitzer, 455 F.3d 131, 134 (2d Cir. 2006) (collecting cases). Accordingly, although we grant Nivens' motion to exceed page limitations, we deny his petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED