In re: Stephen Nivens

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1353

In re: STEPHEN NIVENS, Petitioner.

On Petition for Extraordinary Writ. (8:16-cv-02648-TDC)

Submitted: June 22, 2023 Decided: June 27, 2023

Before WYNN, DIAZ, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Stephen Nivens, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Stephen Nivens, a Maryland inmate, petitions this court for a writ of error coram nobis, seeking relief from his Maryland criminal judgment. However, a federal court “cannot issue” a writ of error coram nobis when the challenged judgment was entered in state court. Thomas v. Cunningham, 335 F.2d 67, 69 (4th Cir. 1964); see Finkelstein v. Spitzer, 455 F.3d 131, 134 (2d Cir. 2006) (collecting cases). Accordingly, although we grant Nivens’ motion to exceed page limitations, we deny his petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED