Martinez

Martinez v. Lockyer

Good Law

453 F. Supp. 2d 1150·2006 WL 2729036·2006 U.S. Dist. LEXIS 73259

United States District Court, Central District of CaliforniaAugust 30, 2006CV 06-1449 MMM (MW)California887 words

Opinion

Morrow, J.

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge (“Report”), and petitioner’s objections. The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Proceedings

Petitioner, who is in federal custody pursuant to a 2002 immigration removal order, filed this petition for a writ of coram nobis. The petition challenges petitioner’s 1994 conviction in the Los Angeles Superi- or Court, which resulted in a sentence of two years in state prison. [Petition at 1-2; Answer, Ex. A], Respondent filed an answer to the petition, and petitioner filed a reply.

Discussion

1. Petitioner cannot proceed by way of coram nobis

“It is well settled that the writ of error coram nobis is not available in federal court to attack state criminal judgments. A writ of error coram nobis can only issue to aid the jurisdiction of the court in which the conviction was had.” Sinclair v. Louisiana,…

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