In Re: John Bartley v. ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1838
In Re: JOHN GLENN BARTLEY,
Petitioner.
On Petition for Writ of Error Coram Nobis.
(1:15-cr-00018-IMK-MJA)
Submitted: October 13, 2016 Decided: October 17, 2016
Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
John Glenn Bartley, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Glenn Bartley petitions this court for a writ of error
coram nobis pursuant to 28 U.S.C. § 1651(a) (2012). In his
petition, Bartley seeks from this court an order for a new trial
and different housing in a low-level security camp.
A writ of error coram nobis can be used to vacate a conviction
when there is a fundamental error resulting in conviction and no
other means of relief is available. United States v. Denedo, 556
U.S. 904, 911 (2009). The remedy also is limited to petitioners
who are no longer in custody pursuant to their conviction. See
Carlisle v. United States, 517 U.S. 416, 429 (1996). “As a remedy
of last resort, the writ of error coram nobis is granted only where
an error is of the most fundamental character and there exists no
other available remedy.” United States v. Akinsade, 686 F.3d 248,
252 (4th Cir. 2012) (internal quotation marks omitted).
We conclude that Bartley fails to establish that he is
entitled to a writ of error coram nobis. Accordingly, although we
grant Bartley leave to proceed in forma pauperis, we deny the
petition for a writ of error coram nobis. 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
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