Olson v. Montana

Full title: GLENN OLSON Petitioner, v. STATE OF MONTANA, Respondent

Court: United States District Court, D. Montana, Missoula Division

Date published: Jun 2, 2006

CV 05-55-M-DWM (D. Mont. Jun. 2, 2006)

Opinion

CV 05-55-M-DWM.

June 2, 2006

ORDER

DONALD MOLLOY, Chief Judge

On April 19, 2006, United States Magistrate Judge Leif B. Erickson entered Findings and Recommendation on this matter. Plaintiff did not timely object and has so waived the right to de novo review of the record. 28 U.S.C. § 636(b)(1). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc. 656 f. 2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).

Judge Erickson is correct in finding that Petitioner's request for a Writ of Coram Nobis should be denied and this Court adopts Judge Erickson's Findings and Recommendation in full.

Petitioner's Writ of Coram Nobis is inappropriate in this Court. A petition for a writ of coram nobis is only available to those who are no longer in custody, which makes this writ unavailable to the Petitioner. See United States v. Brown, 412 F.2d 878, 879 (9th Cir. 1969). Additionally, a petition for a writ of coram nobis is only able to redress issues arising from the same court in which the writ is being filed. See Hensley v. Municipal Court, 453 F.2d 1252, 1252 n. 2 (9th Cir. 1972) (per curiam) rev'd on other grounds, 411 U.S. 345 (1973). Petitioner here is hoping to ameliorate alleged errors that occurred in state court proceedings, making this federal court the wrong forum to seek coram nobis relief.

This Court is also unable to recognize Petitioner's action as a habeas corpus claim due to the multitude of issues stemming from Petitioner's objection to convictions from more than one state court. Rule 2(e) of the Rules Governing § 2254 Cases. If Petitioner desires to challenge these convictions he must do so by filing a separate petition for each conviction.

Based on the foregoing reasons, this Court adopts Judge Erickson's Findings and Recommendation in full.

Accordingly, IT IS HEREBY ORDERED:

Petitioner's Petition for Writ of Coram Nobis is DENIED.