Patrick Richardson v. Monterey County Superior Court , 689 F. App'x 528 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PATRICK L. RICHARDSON, No. 16-15875
Plaintiff-Appellant, D.C. No. 3:16-cv-00893-MEJ
v.
MEMORANDUM*
MONTEREY COUNTY SUPERIOR
COURT,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of California
Maria-Elena James, Magistrate Judge, Presiding**
Submitted April 11, 2017***
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
California state prisoner Patrick L. Richardson appeals pro se from the
district court’s judgment dismissing his petition for a writ of coram nobis. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s
dismissal for lack of jurisdiction, United States v. Monreal, 301 F.3d 1127, 1130
(9th Cir. 2002), and we affirm.
The district court properly dismissed Richardson’s petition challenging his
California state conviction for murder because coram nobis relief is not available
in federal court to attack a state court conviction. See id. at 1131 (“[W]rit of error
coram nobis . . . may only be brought in the sentencing court.”).
Richardson’s request that this court order the district court to cease
collecting payments from his prisoner trust account to satisfy the filing fee, set
forth in his request for judicial notice (Docket Entry No. 6), is denied. To the
extent that Richardson requests that this court take judicial notice of the district
court’s orders in this proceeding (Docket Entry No. 6), that request is denied as
unnecessary.
AFFIRMED.
2 16-15875