Ortiz

Ortiz v. Whitaker

Good Law
United States District Court, Northern District of CaliforniaJanuary 14, 20204:19-cv-00235California254 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CATALINO ORTIZ, Case No. 4:19-cv-00235-KAW Plaintiff, ORDER CLOSING CASE AND

DIRECTING THE CLERK OF COURT

Vv. TO FILE PETITION IN CRIMINAL MATTHEW WHITAKER, CASE Defendant. Re: DKt Now

12 On January 11, 2019, Petitioner Catalino Ortiz filed a petition for writ of error coram S 14 || nobis. (Dkt. No. 1.) Counsel erroneously e-filed the petition as a habeas petition in a separate civil action, rather than as a motion in the criminal case. See United States v. Morgan, 346 U.S. 502, a || 505 n.4 (1954) (A writ of error coram nobis “is a step in the criminal case and not, like habeas || corpus where relief is sought in a separate case and record, the beginning of a separate civil || proceeding.”) Since the present request was filed as a separate action, the undersigned directs the Clerk 20 || of Court to file a copy of…

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