In re: Stephen Nivens ( 2023 )

USCA4 Appeal: 23-1353 Doc: 14 Filed: 06/27/2023 Pg: 1 of 2
UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-1353 Doc: 14 Filed: 06/27/2023 Pg: 2 of 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
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