Opinion
No. 01 CR 035 (Court of Appeals No. 04-4102).
December 20, 2004
MEMORANDUM ORDER
James Parks, who seeks leave to appeal in forma pauperis before the Court of Appeals, erroneously filed his motion to that effect in that court. With the motion having been transferred to this District Court, this Court has reviewed the matter and denies Parks' motion.
Briefly, Parks has completed the service of his 30 month sentence for having engaged in a conspiracy to commit extortion under power of official right (see 18 U.S.C. § 1951), and he now seeks the extraordinary remedy of a writ of error coram nobis to vacate and set aside the judgment of conviction and to expunge the record in that respect. This Court, having reviewed Parks' motion in detail, issued a November 22, 2004 memorandum opinion and order ("Opinion") explaining why "he currently does not qualify for any relief at all, for they [Parks' filings] are flawed both (1) in terms of the claims of constitutional infirmity that he advances and (2) because of his prior history in this litigation."
Among other reasons set out in the Opinion, after Parks had entered his voluntary guilty plea he filed a 28 U.S.C. § 2255 motion to vacate his conviction and sentence, a motion that this Court dismissed summarily, after which both this Court and the Court of Appeals denied Parks a certificate of appealability. Parks' current contentions are likewise totally without merit — indeed, legally frivolous.
Accordingly, Parks' motion to proceed on appeal in forma pauperis is denied. As the Court of Appeals reminded Parks in its December 16, 2004 order transferring that motion to this District Court, he must refile the motion in the Court of Appeals pursuant to Fed.R.App.P. 24.