David W. Sconce v. Patrick Covello

I. Introduction

19 On September 20, 2021, Petitioner David Sconce, a California state 20 prisoner, filed a “Petition for Writ of Error Coram Nobis, Pursuant to the All 21 Writs Acts, 28 U.S.C. § 1651(a).” [Dkt. No. 1.] Petitioner pled guilty to 22 conspiracy to commit murder in April 1997 and was sentenced to lifetime 23 probation. Invoking 28 U.S.C. § 1651(a), Petitioner alleges that: (1) the state 24 proceedings misinterpreted a March 1997 grant of writ of federal habeas 25 corpus pursuant to the Ninth Circuit’s decision in Sconce v. Garcetti, 96 F.3d 26 1451, 1996 WL 495109 (9th Cir. 1996); and (2) his counsel committed 27 28 ineffective assistance of counsel during the proceedings. For the reasons stated below, the Petition should be summarily dismissed.

II. Pertinent Procedural History

4 The instant Petition is Petitioner’s fifth attempt to challenge his 1997 5 plea to conspiracy to commit murder and lifetime probation sentence, which 6 he was found to have violated and thereafter sentenced to 25 years to life in 7 2013. 8 His first habeas petition challenging the plea proceedings was denied 9 and dismissed with prejudice in February 2018 after the…