Free Order Dismissing Case - District Court of California - California

Case 5:07-cv-02926-RMW

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Filed 10/12/2007

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ARASHEIK WESLEY WILLIAMS,
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Petitioner,
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vs.
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PEOPLE OF THE STATE OF CALIFORNIA, Respondent.

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No. C 07-2926 RMW (PR) ORDER OF DISMISSAL

Petitioner, a state prisoner proceeding pro se, has filed a "petition for writ of error coram vobis" challenging his 1996 criminal conviction in the Santa Clara Superior Court. A writ of error coram vobis is a "writ of error directed by a court of review to the court which tried the cause, to correct an error in fact." Black's Law Dictionary 337 (6th ed. 1990). It is doubtful there is any significant difference in American practice between the writ of corum nobis and the writ of corum vobis. See 11 Charles A. Wright, Arthur R. Miller, & Mary Kay Kane, Federal Practice and Procedure 2d § 2867 at 393 (1995); see also United States v. Dellinger, 657 F.2d 140, 144 n.5 (7th Cir. 1981) ("With rare exception, `[t]he distinction in American practice between coram nobis ("before us") and coram vobis ("before you") is only nominal.'") (quoting 7 Moore's Federal Practice § 60.14 at 46 (2d ed. 1979)).
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Case 5:07-cv-02926-RMW

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Writs of coram vobis (and several other common law writs, including the writ of coram nobis) have been abolished in federal civil actions. See Fed. R. Civ. P. 60(b). A federal district court may not entertain a petition for a writ of coram nobis to challenge a state conviction, and presumably this also applies to a petition for a writ of coram vobis. See Sinclair v. Louisiana, 679 F.2d 513, 513-15 (5th Cir. 1982); see also Madigan v. Wells, 224 F.2d 577, 578 n.2 (9th Cir. 1955) (writ of error coram nobis can only issue to aid jurisdiction of court in which conviction was had). Accordingly, the instant petition for a writ of coram vobis is DISMISSED. The clerk shall close the file. IT IS SO ORDERED. DATED: 10/10/2007 RONALD M. WHYTE United States District Judge

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Case 5:07-cv-02926-RMW

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This is to certify that on 10/12/2007 was mailed to the following:

, a copy of this ruling

Arasheik Wesley Williams J-95411 Avenal State Prison P.O. Box 9 Avenal, CA 93204

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