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

Opinion

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

EASTERN DISTRICT OF WASHINGTON

NO: 2:23-CV-00021-RMP Petitioner, ORDER DISMISSING ACTION v.

STATE OF WASHINGTON FOR

Respondent.

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

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

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

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

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

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