Opinion
No. C 03-4048 CRB (PR)
November 3, 2003
ORDER OF DISMISSAL
Petitioner, a federal prisoner currently held at the Federal Transfer Center in Oklahoma City, Oklahoma, has filed a "Notice of Appeal" seeking to appeal to the United States Court of Appeals for the Ninth Circuit the August 5, 2003 denial of his petition for a "writ of error coram nobis" by the Superior Court of the State of California in and for the County of Contra Costa.
Neither this court nor the Ninth Circuit has subject matter jurisdiction to hear a direct appeal from the final judgment of a state court. See Noel v. Hall, 341 F.3d 1148, 1154-55 (9th Cir. 2003) (citing District of Columbia Court of Appeals v. Feldman. 460 U.S. 462, 482-86 (1983), and Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 (1923)). The Supreme Court of the United States is the only federal court with jurisdiction to hear such an appeal.Id. at 1154.
Petitioner may be able to seek relief in the lower federal courts by way of a petition for a writ of habeas corpus under the habeas sections of Title 28 of the United States Code; however, the state's highest court generally must be given an opportunity to rule on all claims. See O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999) (petitioner must invoke "one complete round of the State's established appellate review process").
Petitioner's "Notice of Appeal" is DISMISSED for lack of subject matter jurisdiction and without prejudice to seeking federal habeas relief.
The Clerk shall enter judgment in accordance with this order and close the file.
SO ORDERED.