Snedden v. Superior Court of the State of Washington for Spokane County

• Court: District Court, E.D. Washington
• Decided: February 1, 2023
• Docket: 2:23-cv-00021
• Status: Unknown

Opinion

1 FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Feb 01, 2023 3 SEAN F. MCAVOY, CLERK 4

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 STEVEN J. SNEDDEN, NO: 2:23-CV-00021-RMP 8 Petitioner, ORDER DISMISSING ACTION 9 v.

10 SUPERIOR COURT OF THE STATE OF WASHINGTON FOR 11 SPOKANE COUNTY,

12 Respondent.

14 Petitioner Steven J. Snedden, a resident of Spokane Washington, filed a 15 document titled, “Petition for a Writ of Corum Nobus[,]” along with an Application 16 to Proceed in Forma Pauperis. ECF Nos. 1 and 2. 17 The Court notes that in 2021, Petitioner filed a Petition for Writ of Habeas 18 Corpus pursuant to 28 U.S.C. § 2254. See Snedden v. Strange, No. 2:21-cv-00286- 19 RMP. That action was dismissed on January 10, 2022, without prejudice, based on 20 the abstention principles of Younger v. Harris, 401 U.S. 37, 41 (1971). ECF No. 21 36. Petitioner did not appeal that decision. 1 Courts have power under the All Writs Act, 28 U.S.C. § 1651, to issue a Writ 2 of Error Coram Nobis. See United States v. Morgan, 346 U.S. 502, 512–13 (1954). 3 It is available to a petitioner to vacate a federal sentence or conviction and only he 4 or she has completely served the federal sentence and is no longer in custody. See

5 Telink, Inc. v. United States, 24 F.3d 42, 45 (9th Cir. 1994); United States v. 6 Walgren, 885 F.2d 1417 (9th Cir. 1989). Moreover, relief can only be granted by 7 the federal court that entered the judgment. See United States v. Monreal, 301 F.3d

8 1127, 1131 (9th Cir. 2002). 9 Petitioner does not assert, and this Court has been unable to find, any federal 10 criminal judgment against Petitioner filed in the U.S. District Court, Eastern District 11 of Washington. Consequently, coram nobis relief is not available to Petitioner as he

12 was not sentenced by this Court. Therefore, IT IS ORDERED the Petition is 13 DISMISSED without prejudice and the application to proceed in forma pauperis is 14 DENIED as moot.

15 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter this 16 Order, enter judgment, provide copies to Petitioner and CLOSE the file. 17 The Court certifies that an appeal from this decision could not be taken in good

18 faith and there is no basis upon which to issue a certificate of appealability. See 28 19 U.S.C. §§ 1915(a)(3), 2253(c); Fed. R. App. P. 22(b). 20 DATED February 1, 2023. s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 21 Senior United States District Judge