In Re: Jordon v. ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7096
IN RE: LARRY JORDON,
Petitioner.
On Petition for Writ of Error Coram Vobis.
(CA-03-348)
Submitted: November 22, 2005 Decided: December 6, 2005
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Jordon, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Larry Jordon filed a petition for writ of error coram
vobis* pursuant to the All Writs Act, 28 U.S.C. § 1651 (2000),
seeking to compel the district court to address the merits of his
prior 42 U.S.C. § 1983 (2000) action that was dismissed without
prejudice. This writ is intended to correct convictions rather
than to compel district court action in strictly civil proceedings.
Cf. Sawyer, 239 F.3d at 37. Moreover, Jordon has another available
remedy, namely to file an appeal from the district court’s order.
Cf. Pa. Bureau of Corr. v. U.S. Marshals Serv., 474 U.S. 34, 43
(1985). We therefore dismiss the petition for writ of error coram
vobis. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
*
The terms “coram vobis” and “coram nobis” are used
interchangeably in American jurisprudence. United States v.
Sawyer, 239 F.3d 31, 37 n.4 (1st Cir. 2001).
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