In Re: Egan v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1575
In Re: EDWARD JAMES EGAN, SR.,
Petitioner.
On Petition for Writ of Error Coram Nobis.
(7:07-cv-00509-gec-mfu)
Submitted: July 7, 2009 Decided: July 27, 2009
Before TRAXLER, Chief Judge, and MOTZ and SHEDD Circuit Judges.
Petition denied by unpublished per curiam opinion.
Edward James Egan, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward James Egan, Sr., a Virginia inmate, petitions
this court for a writ of error coram nobis, 28 U.S.C. § 1651(a)
(2006). Egan challenges his 2004 Virginia convictions for
forcible sodomy, rape, and inanimate object penetration and the
district court’s 2008 dismissal of his 28 U.S.C. § 2254 (2006)
petition.
The writ of error coram nobis may not be used to set
aside a state conviction. See, e.g., Finkelstein v. Spitzer,
455 F.3d 131, 134 (2d Cir. 2006); Obado v. New Jersey, 328 F.3d
716, 718 (3d Cir. 2003); Lowery v. McCaughtry, 954 F.2d 422, 423
(7th Cir. 1992); Sinclair v. Louisiana, 679 F.2d 513, 514
(5th Cir. 1982); Thomas v. Cunningham, 335 F.2d 67, 69
(4th Cir. 1964); Rivenburgh v. Utah, 299 F.2d 842, 843
(10th Cir. 1962). With respect to his challenge to the district
court’s disposition of his § 2254 petition, Egan could have
raised his claims in a direct appeal to this court. Coram
nobis, however, is not a substitute for direct appeal, and the
writ will not lie where there is another adequate remedy
available. See United States v. Darnell, 716 F.2d 479, 481
& n.5 (7th Cir. 1983); Azzone v. United States, 341 F.2d 417,
419 (8th Cir. 1965).
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for a writ of error coram
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nobis and deny Egan’s motions for an evidentiary hearing and for
appointment of counsel. 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.
PETITION DENIED
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