(HC) Kennedy v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL SEAN KENNEDY, No. 2:20-cv-1418 KJN P Petitioner, v. ORDER AND FINDINGS &

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UNITED STATES OF AMERICA, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, filed a petition for writ of error coram nobis, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). I. Writ of Coram Nobis “The writ of coram nobis is an ancient common-law remedy designed to correct errors of fact.” United States v. Denedo, 556 U.S. 904, 910 (2009) (internal quotation marks and citation omitted). The “writ of error coram nobis affords a remedy to attack an unconstitutional or unlawful conviction in cases when the petitioner already has fully served a sentence.” Telink, Inc. v. United…